By JOAN NWAGWU

Nigeria Employers’ Consultative Association (NECA) says the International Court of Justice (ICJ) advisory opinion does not supersede Nigeria’s labour laws.

The association said the country retains the sovereign authority to regulate industrial actions through its existing legal framework.

The Director-General of NECA, Mr Adewale Smart-Oyerinde, said this in a statement issued on Sunday in Abuja and made available to the News Agency of Nigeria (NAN).

It would be recalled that the ICJ recently issued an advisory opinion recognising strike action as protected under International Labour Organisation (ILO) Convention 87.

Smart-Oyerinde explained that while the ICJ acknowledged strike action under Convention 87, it did not define the scope, content, or conditions guiding how member states should exercise the right.

“Although the ICJ recognised strike action under Convention 87, it deliberately avoided defining the scope, content, and conditions governing the exercise of such rights.

“Nigeria reserves the right to determine lawful limitations on strike actions in line with national interest, economic stability, and established labour regulations,” he said.

Smart-Oyerinde noted that the right to strike was intentionally excluded during the drafting of Convention 87 in 1948, adding that historical ILO records support concerns about supervisory bodies exceeding their mandates.

He further stated that four ICJ judges dissented from the advisory opinion, describing it as more of a human rights advocacy position than a conventional treaty interpretation.

The NECA director-general reaffirmed the association’s commitment to social dialogue and tripartite engagement.

He noted that strike actions must balance workers’ rights with employers’ ability to manage businesses, protect essential services, safeguard national security, and maintain economic stability.

He added that NECA was preparing for the November 2026 ILO Governing Body session, where the advisory opinion and the future framework for labour relations would be further discussed.

Smart-Oyerinde also reiterated NECA’s commitment to supporting government efforts aimed at sustaining industrial harmony through proactive grievance management, mediation, and constructive engagement rather than prolonged industrial actions across sectors. (NAN)

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