Abstract
The right to strike is a fundamental labour right globally recognized as a powerful tool for employees in their pursuit of improved working conditions. This paper aims to examine the right to strike within the context of Nigerian labor law, seeking to determine whether workers possess a definitive right to strike under current legal frameworks. Utilizing a doctrinal research approach, the study explores relevant constitutional provisions that uphold the fundamental right to freedom of association, alongside national and international legal instruments that guarantee the right to strike and the right of trade unions to engage in collective bargaining. Despite Nigeria’s membership in the International Labour Organization (ILO), this paper finds a lack of robust legal frameworks explicitly protecting the right to strike. A comprehensive analysis of the literature suggests that the Nigerian government appears to intentionally limit employees’ ability to engage in strike actions. In light of this, the paper critically assesses how governmental actions that seek to prohibit and criminalize strike activities may constitute a violation of workers’ rights. The study reviews existing laws governing industrial disputes in Nigeria and argues that these laws remain restrictive and unfavorable to workers. Nevertheless, despite these legal constraints, workers continue to resort to strikes as a means of expressing their grievances. The paper concludes by advocating for a clear and explicit inclusion of the right to strike in Nigeria’s Constitution and other relevant legislation, aligning the country’s labour laws with international standards.
Keywords: Strike, Right, Labour/Trade Dispute.