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Rivers AG Advises Labour Against Strike
Below is the text of a press conference held by the Hon. Attorney-General and Commissioner for Justice, Rivers State, Prof. Zacchaeus Adangor, at Government House, Port Harcourt on Staurday, September 5, 2020 on the legal aspects of the threatened strike action by organised labour in Rivers State.
PROTOCOLS.
Sometime on or about the
16th day of March, 2020 the Rivers State Councils of the Nigeria Labour Congress and Trade Union Congress of Nigeria issued a “Notice of Seven (7) Days Ultimatum for the Commencement of an Indefinite Strike Action in Rivers State by the Organized Labour”. See Annexure “A”.
- From the Notice of Seven (7) Days Ultimatum (Annexure “A”), the indefinite strike action was scheduled to commence midnight of Monday, 23rd March, 2020.
3.It is important to mention that in issuing the Notice of Seven Days Ultimatum for the Commencement of Strike Action in Rivers State, the Rivers State Councils of the Nigeria Lacour Congress and the Trade Union Congress of Nigeria, failed, refused and/or neglected to fulfil the condition precedent for the declaration of strike action as prescribed in sections 4, 6 and 18 (1) (a) of the Trade Disputes Act, Cap. T8, Laws of the Federation of Nigeria, 2004.
4.Consequently, the Government of Rivers State through the Honourable Attorney-General instituted Suit No. NICN/PH/41/2020 (Attorney-General Rivers State v. Comrade Beatrice Itubo, JP) at the National Industrial Court Port Harcourt by way of Originating Summons seeking the interpretation of the provisions of the Trade Disputes Act, Cap. T8 Laws of the Federation of Nigeria (LFN) 2004 and the Trade Unions Act, Cap. T14 LFN 2004 in relation to the threatened strike action by the defendants. The Honourable Attorney as claimant seeks declaratory and injunctive reliefs against the defendants on records.
5.Given the extreme urgency of the matter, the Attorney-General also filed an Ex-parte Application for interim injunction restraining the defendants in Suit No. NICN/PH/41/2020 from commencing, embarking on or proceeding with the strike action. The Ex-parte Application was heard and granted by the Honourable Court on 23rd March, 2020 and the Court issued an interim Order of Injunction restraining the defendants either by themselves or through their servants, agents, privies, officers or otherwise howsoever called from embarking on a strike action on Monday, 23rd March 2020 or any other day thereafter pending the hearing and determination of the substantive Motion on Notice for interlocutory injunction filed in the suit. The Honourable Court also restrained the defendants from interfering with the provision of service and other works by their members in the civil service of the Rivers State Government pending the hearing of the motion on notice for interlocutory injunction. See Annexure “B”.
6.By the agreement of the parties, the Originating Summons in the said suit was heard by the Honourable Court on the merits on Thursday July 23, 2020 and judgment in the suit has been reserved to Tuesday, September 29, 2020.
7.Surprisingly, while Suit No. NICN/PH/41/2020 is still pending and the Interim Order of Injunction issued therein still subsisting, the defendants therein acting in collusion and concert with the national leadership of the Organized Labour (NLC and TUC) issued another threat of fresh strike action in Rivers State based on the same grounds canvassed in Annexure “A” and without complying with the mandatory statutory procedure for commencing strike action under the provisions of the Trade Dispute Act.
8.In the face of the overt and unmitigated illegality, the Government of Rivers State being one committed to the observance of the Rule of Law, again approached the National Industrial Court of Nigeria sitting in Lagos (as a Vacation Court) vide Suit No. NICN/LA/305/2020 (Attorney-General Rivers State v. Nigerian Labour Congress & 5 Ors) seeking the interpretation of the provisions of the Trade Disputes Act and Trade Unions Act in relation to the threatened strike action in Rivers State by the national and State Councils of NLC and TUC. See Annexure “C”.
9.The claimant also applied for an Order of interim injunction restraining the defendants from embarking on a strike action in Rivers State on 5th, 6th or 7th September, 2020 or any other date whether earlier or later pending the hearing of the motion on Notice for Interlocutory Injunction. - The trial Court after hearing extensive legal arguments from the Honourable Attorney-General of Rivers State granted an Order of Interim Injunction restraining all the defendants on record whether by themselves or through their servants, agents, privies, officers or otherwise howsoever called from embarking on a strike action in Rivers State on 5th, 6th or 7th September, 2020 or any other date whether earlier or later, pending the hearing and determination of the motion on notice for interlocutory injunction filed in then suit AND/OR from stopping, hindering, preventing, disrupting or interfering in any manner whatsoever with the provision of service and other works by their members in the civil and public service of Rivers State pending the hearing of the motion on notice for interlocutory injunction. See Annexure “D”. The Honourable Court also ordered that the Order of Interim Injunction, the Originating Summons and other processes issued in the suit be served on the defendants through publication in two (2) national Newspapers circulating in Nigeria and thereafter fixed Tuesday 8th September, 2020 as the return date.
11.That I can confirm that all the defendants have been duly served with the enrolled Order of Interim Injunction and they cannot purport to claim ignorance of it. The affidavits of service have been duly filed in the registry of the court. See VANGURD NEWSPAPER of Thursday, September 3, 2020 at pages 24-30 and DAILY SUN NEWSPAPER of Thursday, September 3, 2020 at pages 14-20.
12.It is important to mention that in law, once an Order is issued by a Court of Law, the party against whom the order is issued is legally bound to comply with the terms of the Order until same is set aside and it is not open to him to disobey the Order. The only remedy available to him is to apply either to the same court to vacate/vary the order or appeal against same to a higher court.
13.That is also not open to a party against whom an Order has been made by a court of law to determine whether or not the Order was validly made. That power appertains to an appellate court and the appellate Court does not share that power with the party against whom the Order was made.
14.In the circumstance, the defendants in Suit Nos. NICN/PH/41/2020 and NICN/LA/305/2020 are bound to comply strictly with the terms of the subsisting Orders of interim injunction issued by the court and they are bound to refrain from carrying out or purporting to carry out, embark upon or proceed with the strike action in Rivers State whether on 8th day of September, 2020 or on any earlier or later date.
15.That every disobedience of an Order of Court constitutes Contempt of Court and the Court that issued the Order possesses both statutory and inherent powers to punish for disobedience of its Order by committing the party in default to prison until he purges himself of the contempt. This is the settled principle of our law.
16.The Organized Labour is therefore warned against any act of overt or subtle disobedience of the subsisting Orders of the National Industrial Court because there shall be consequences for disobedience.
17.That we will be moving the Honourable Court on the return date to issue FORM 48 (Notice of Consequences of Disobedience to Court Order) for service on the defendants.
Thank you.
Prof. Zacchaeus Adangor, MCIArb, ksc
Hon. Attorney-General and Commissioner for Justice, Rivers State.
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Rivers LG Polls: We Are Satisfied With The Process – Respondents
Going by the outcome of the April 17, 2021 local government elections in the 23 local government areas of Rivers State, which in the minds of some residents, it is an acceptable exercise, while to others, it was a charade, as they alleged that the outcome of the elections was already a public knowledge.
Our correspondent, Bethel Toby, who sampled the opinions of many eligible voters and residents about the elections, described it as, “satisfactory”, and commendable since the emergence of democratic rule over 20 years ago in Nigeria.
Excerpts:
Hon. Chamberlain Nwogu – Administrator- Afam, Oyigbo
I think the whole process is good; though, the polls were devoid of chaos, acrimony and the wanton destruction of lives and property, hence, it is satisfactory.
I also commend the retired Justice George Omereji-led Rivers State Independent Electoral Commission (RSIEC) for conducting one of the freest, fairest and credible elections in the country. I returned all the glory to God Almighty.
For the elected officials in the 23 Local Government Areas of Rivers State, they should do something meaningful in the area of governance, where people-oriented development projects should “wear a human-face” to justify the huge investment of the state government in the local levels.
Comrade Juliet Ekeh –Economist, Rumuodamaya, OBALGA
Of a truth, the election was well planned and conducted and the ruling People’s Democratic Party (PDP)candidates emerged in the 23 council areas; it is a thing of joy, but there is need for the government in conjunction with the electoral umpire to give a level playing ground for other political parties to feel the impact of an election. As we can see in the entire exercise, only PDP candidates emerged, making the whole system to be a ‘one-party business’. I advised that in subsequent polls in the state, other registered political parties be allowed to produce winners, as is the wish of the electorate. Some voters came out to vote for candidates of their choice and not party.
Ms. Hope Johnson – Undergraduate-Nchia, Eleme LGA
I am satisfied with the conduct of the just concluded council polls in Rivers State, but I am appealing to the government to give free-hand to the elected chairmen and councilors to discharge their legitimate functions at the local government levels for the well-being of the people. The idea of government hijacking the duties of leaders at the grassroots as alleged previously should be addressed for good governance to thrive.
Above-all, I commend our indefatigable Governor, Chief Nyesom Wike, for ensuring that the whole exercise remained free, fair and most applauding. I congratulate the victors, and for the gallant losers, I urge them to keep the event of the polls at their backs and work in tandem with elected officers to move the Local Government Area forward.
Engr. Ben Nwaorehu – Tourism Expert – Omoku, ONELGA
One thing is certain in our life, that is, sincerity, equity and fairplay which must be allowed to be part of us in all ramifications. In this context, the polls have come and gone, but the issue here now is, how many political parties came out victorious if not only the ruling People’s Democratic Party (PDP)?
Let the government, for goodness sake, give room for equity, because, he that demands for equity must come with a clean hand”. Let Nigerians stand their ground and say no to injustice, lack of equity and the denial of opportunity.
Many political parties contested the elections, how come about that only PDP emerged victorious in both the chairmanship and councillorship polls, which to me, is very unfair. I, therefore, urge the government at all levels to distance themselves from electoral process of this nature for peace to reign.
Dr. Igwama Geneva – Ophthalmologist- Kalio-Ama, WALGA
I am satisfied with the conduct of the election half-way. Though, there were reported cases of lopsidedness in the entire process, especially, the late arrival of electoral materials, poor distribution management by the officials of RSIEC and other electoral problems which could not allow eligible voters to exercise their franchise and choose candidates of their choice.
Apart from that, I appreciate the performance of the electoral umpire in particular and the Rivers State Governor, Chief Nyesom Wike in general for providing what it takes for the polls. I also enjoined both the winners and losers to work in tandem with one another to develop the grassroots for posterity.
The chairmen and their councillors should use the opportunity to build bridges of even development for the good of the common man, and not see it, as “avenue to amass wealth for themselves at the detriment of the down-trodden masses in the Local Government Areas.
Dr. Marygold Amadi – Lecturer – Aluu, KELGA
I want the Independent National Electoral Commission (INEC) to borrow a leaf of what happened in Rivers State recently and perfect all the grey areas in its electoral process in subsequent polls in Nigeria.
The election has come and gone, all we want from the chairmen and councilors is to settle down to the business of governance and ensure that the masses was catered for in terms of the provision of amenities, ranging from good motorable roads, potable drinking water, uninterrupted power supply, employment generation for the youths, women and other vulnerable groups in their domains, empowerment largesse of grants and scholarships for students in tertiary institutions in the country and other demanding needs.
I urge all of them not to scuttle the process by functioning outside their domains, and shun the temptation of operating from Abuja, Lagos, Port Harcourt, even overseas.
This is grassroots government and all the council chairmen and their lawmakers, including other principal officers of the various councils should brace up and dispense good governance to allow for equity and fair-play to take its course.
Comrade Francis Nwieme – Unionist – Bori, KHALGA
There is need for our elected chairmen and councilors to think fast concerning the electorate that voted for them and ensure they are included in their administration mainstream for good results. This should not be business as usual. Previous governments in our local areas failed to deliver democracy dividends, where councils’ funds were diverted to private pockets, including, government properties in their care. While elected, let the reverse be the case. There is need for them to bring their best to serve the people and not their families, friends and political godfathers and mothers. I wish them all prosperous leadership ahead.
Mrs. Beauty Essi Voka – Educationist – Umuebule, II, Etche LGA
Hurray! The election has finally come to a climax. All I need to say, is that those elected should operate an open-door-policy administration, where everyone would contribute their quotas for productive governance.
In all, I congratulate them and wish them memorable tenure.
View Point
Marketing Tricks That Make You a Loyal Customer
Seeing the full pattern of strategies that are meant to lure you in is some form of art. A lot of work goes in before the promotion content is masqueraded as candy and before you know it, you have been captivated in a trap. The bait that marketers use is appealing to all your senses with new twists that will have you bend the knee as their loyal customers.
Under the blanket of the fun and flattery that come in with bonus rounds and free points are carefully designed ways that are the fuel to customer retention. To prune out competition in a market space that is rather crowded, companies have invented authentic ways and features that will control your experience and have you come back for more.
One-Stop Shop
The convenience that comes with finding all that you need in the same space is liberating. This notion has been used by marketers to curb the likelihood of people moving from one place to another in search of services. It is for this reason that spaces in malls appear illuminating as entertainment, food and rest are all under one roof.
This has been incorporated to a great extent by companies keen to retain their customers. It is no wonder then that casinos offering gambling pools also have the snack arena set aside so that you can enjoy delicious treats as you try out your chances.
More for Less
Rivals are the biggest threats to a company’s customers whether old or new. To be able to appeal to the masses, the deals that are offered by its competition. Such strategies include free trial rounds before officially becoming a member, offering a counter deal that doubles the tokens and also having enhanced features for the free rounds.
This trick serves to lure people by having advanced features in the free rounds. On being captivated by the mesmerising experiences, you will drool for a repeat of the same and for that reason you will sign up for membership. What they do not tell you is that your membership has to be upgraded for such an experience and because this is what had drawn you in the first place. Such services are a mockery and are seen as a hoax, but by the time you discover this, you will be hypnotised by the excellent features.
Every Story Counts
Companies have also been observed to appeal to the emotions of potential business drivers by customising the marketing schemes to fit an individual’s preferences. The enforcement of better rewards is conveyed to the unsuspecting customer who then sees that all the mentioned qualities fit the bill.
The twist in this would be during the viewing or opening of an account where your email is a mandatory prerequisite. Based on these ideas, your search history is tracked and the concepts that are more interesting are used as a weapon for targeting. That is when you fall victim because they offer you exactly what you need. Above all, most casinos rely on the use of extensive data for marketing and only alter a few things to fit an individual’s story.
A Good Dog Deserves a Bone
To engage loyal customers that keep coming back for either new or old services, companies change conversations and boost the retention rates through loyalty programs. Most of the players will receive such a commendable treat with open hands and within no time, the casino, for instance, will be at the top of their list. What’s more is that a game can be complemented by a snack preventing the company from suffering huge losses. It is a win-win situation and a very effective technique.
The Contests
Marketers have the art of selling an idea in a nicely packaged manner without truly showcasing their pursuits. Game contests are one of the ways that they have employed the marketing strategy to a great audience. Essentially, what players are buying when participating in contests is the chance to win big and with this comes the necessity to play big.
Offers are relayed in such an exciting way that the hype completely blinds gamers of the large stake involved. It is during such contests that VIP features and merits are brought forward, and by participating in the contest, vivid descriptions of the enhanced upgrades are made known to many.
The Topping on the Ice
The fun and thrill of gambling is multiplied by incentives such as the welcome bonus roulette offered by the house. On some specific days, points are doubled up, and monthly draws are seen to be quite enticing. This kind of classic promotions has been used as a marketing platform on the scheduled time and days. By enabling specific features to be available at a particular time, the revelation is set ahead and only by advancing can one enjoy the feature exclusively.
Relationship with the Big Wigs
To foster the relationship that the house has with members in the premium category, the company maintains a close relationship where the feedback is responded to, and the other features are conveyed. In as much as this as appears as having the clients’ interest at heart, it is a technique developed to facilitate brand loyalty by the conniving marketers.
View Point
Forget 2-1 defeat, 3-5-2 could be the new formation for the Super eagles
The Nigeria team might be out of the Russia 2018 world cup but a lot of positives were grabbed from the outing and these positives could prove vital in determination of the fate of the Nigerian team in future competition. The Nigeria team crashed out of the World cup after losing to old foes Argentina 2-1 in their last game of the group stages despite being backed by great betting odds. Gernot Rohr’s side began with a familiar 4-2-3-1 formation before adjusting to a 3-5-2 formation. Prior to the current edition of the World football tournament, the Super eagles have never tried to field 3 players at the back due to the disadvantages it brings to the side but exploited the option in the current edition of the world cup despite the effects it has on the players.
Nigeria as a football nation came into international limelight with a 4-4-2 formation back in the 90’s with 2 center forwards and two pace wingers. The formation boasted by the talented players available at the time was key to the team’s success in both World and Continental tournament as Nigeria dominated the football scenes of the continent for a while. The employment of late Steven Keshi brought a new approach to the Super eagles as the late tactician adopted a 4-3-3 and a 4-2-3-1 formation during his term with the eagles. The approach proved to be effective as the Super eagles lifted the 2013 African Cup of Nations trophy in South Africa as well as a reputable round 16 finish in the 2014 edition of the world cup.
Gernot Rohr seems to have brought another tactic that if effectively managed well could usher the footballing nation to another era considering its effectiveness in the world cup. Prior to the introduction of the 3-5-2 formation, the super eagles lacked the precision, stability and grip of their game. Their deployment of 4-2-3-1 formation in the opening game against Croatia resulted in a shambolic football as the team completely repelled by the Croatia team who closed up the channels linked the attackers and midfielders.
The team’s lack of the stability in both the middle of the park and offensive positions had bad effects on their game as they were placed at the back foot. The advent of the 3-5-2 formation against Iceland in the second match brought a slow but effective approach as the Super eagles busted into the life in the second interval of the game. The Nigerian team despite losing to the Abiceleste in their final game put up a dominant display as the Argentine team.
A closer look at the formation with respect to the Nigerian performance have also affirmed while the tactics indeed possesses untapped potentials with the present crop of players. The trio of Leon Balogun, Troost-Ekong and Kenneth Omeruo looked to solidify the backline in their 2 games. While Lionel Messi’s goal was a touch of class, the Argentine Talisman was virtually a spectator in the game as the spaces were closed.
The deployment of Ndidi and Etebo in central midfield with Mikel as the holding midfielder at the middle of the park was almost perfect as youthful adventures were complimented with experienced game control. It also provided a new habitat for Mikel who looks to be approaching the end of football career. Victor Moses excelled in his wingback role as he kept Angel Di Maria quiet in the game. While Brown Idowu offered relatively little in attack, the emergence of Tyronne Ebuehi offers alternative approach in the role. The Attacking department was not left out as the position provided versatility which caused opponent huge problems.
Nigerian team for the first time played without a recognized center forward in a competitive game with Ahmed Musa and Kelechi Ihenacho who were given freedom to roam about and this could be new habitat for new generation of attackers. Nigeria’s adventure in Russia is certainly over but the time for to go back to the draw board and prepare for Qatar 2022 world cup began from now as a lot of positives can be taken from the outing despite the early exit.