Justice Babatunde Adejumo gave the restraining order following a suit by the Attorney General of the Federation.
Justice Adejumo, held: “The defendants are hereby restrained from carrying out the threat contained in their communique issued on May 14th pending the hearing and determination of the motion on notice filed on May 16.
“It is the order of this court that status quo be maintained as at 17th May.”
He also ordered that the processes in the case be served on the respondents within 24 hours and that proof of service be filed in the court
“It is the order of this court that non of the parties shall engage in any act, conduct, overtly, covertly on this matter pending the hearing and determination of the motion on notice,” Justice Adejumo further held.
The judge transferred the case to another judge of the court saying that he would be engaged at the National Judicial Council and would not be able to take further proceeding on the matter.
The judge said he was busy at the National Judicial Council and would not be able to go ahead with the hearing.
Adejumo said that he preferred that the dispute be resolved amicably but that he was constrained to issue the order exparte because the respondents were not yet before him.
He also said that he granted the order to make sure that people were not subjected to avoidable hardship.
He said:”I decided to take this case this morning because it is on an issue that will affect everybody. I don’t want people to be subjected to hardship. There will be sacricity of foods, people may die, students will engage in all sorts of activities. This is why I have to grant this order.”
The order will lapse in seven days except it is renewed.
Malami, while moving an exparte application said it was in the national interest to stop NLC from shutting down the nation over last week’s increase in price of fuel.
He cited Section 14 of the 1999 Constitution as amended to justify his application to stop the strike.
Malami argued that no amount of damages could serve as compensation if NLC is allowed to shut down the economy.
He further argued that the balance of convenient was in favour of the government.
The minister asked the court to determine:
Whether the respondents (NLC, Trade Union Congress) have complied with the laid down condition precedent for embarking on strike.