The Nigeria Employers' Consultative Association (NECA) has criticized the advisory opinion of the International Court of Justice (ICJ) regarding the right to strike, arguing that this right is not absolute and must be exercised within the bounds of national sovereignty.
The ICJ, in its advisory opinion delivered on May 20, 2026, declared that the right to strike is protected under International Labour Organisation (ILO) Convention No. 87. However, NECA's Director-General, Adewale-Smatt Oyerinde, who also serves as a member of the ILO Governing Body, acknowledged this protection but emphasized that the ICJ explicitly refrained from defining the content, scope, or conditions of the right to strike.
Oyerinde stressed that the advisory opinion does not override national laws. He asserted that Nigeria retains the sovereignty to determine the limitations of industrial action through its Labour Act and Trade Disputes Act. He noted that the right to strike was intentionally omitted from Convention No. 87 during its drafting in 1948.
NECA reaffirmed its commitment to social dialogue and tripartism. Oyerinde stated that the association will continue to support the Nigerian government's stance of resolving complex labour issues through consensus-building rather than judicial determination.
While acknowledging the ICJ opinion, Oyerinde highlighted that industrial actions must be balanced against several critical factors, including: the employer's right to conduct and manage its business; the protection of essential services such as health, water, and electricity; national security and economic stability; existing Collective Bargaining Agreements (CBAs); and other bilateral memoranda of understanding and agreements.
Oyerinde mentioned that NECA is preparing for the November 2026 ILO Governing Body session, where the way forward will be examined. In the meantime, the association urges a constructive and pragmatic approach, reaffirming its commitment to assisting the Nigerian government in maintaining a balanced and conducive national industrial relations framework that promotes economic growth.
NECA continues to advocate for a system where industrial harmony is achieved through proactive grievance handling and mediation, rather than reliance on strike actions.
