An Overview of the Right to Strike in Nigeria and Some Selected Jurisdictions

Abstract

This paper examines the right to strike in Nigeria and seeks to establish whether Nigerian workers under the various enactments, which purports to prohibit and criminalize strike action by workers amounts to a violation of their right to strike. The paper further examines the right to strike in some selected jurisdictions. The relevant constitutional provisions entrenching the fundamental right of freedom of association as well as the provisions of other national and international legal instruments which guarantee the right to strike as well as the right to collectively bargain on behalf of trade unions are discussed in detail. The paper reviews the law relating to industrial disputes in Nigeria and finds that it has remained oppressive on workers. In spite of this, workers have continued to use strikes in expressing their grievances. The paper argues for the express entrenchment of the right to strike in the Constitution and other relevant laws as obtainable in countries such as South Africa and Ghana. The doctrinal research method is employed in this paper.