The Nigeria Employers’ Consultative Association (NECA) has faulted the advisory opinion of the International Court of Justice (ICJ), emphasising that the right to strike is not only absolute but also subject to national sovereignty.

The ICJ had, in the advisory opinion delivered on May 20, 2026, ruled that the “right to strike” is protected under International Labour Organisation (ILO) Convention No. 87.

However, the Director-General of NECA, Adewale-Smatt Oyerinde, who is also a member of the ILO Governing Body, acknowledged that the right to strike is protected under Convention 87 of the ILO, but said it was very important to note that in the same breath, the ICJ explicitly declined to define the “content, scope or conditions” of the right to strike.

Noting that the advisory opinion does not override national laws, he said Nigeria retains the sovereignty to define the limitations of industrial action through its own Labour and Trade Disputes Acts.

The NECA DG said, “The right to strike was intentionally excluded from Convention No. 87 during its 1948 drafting.

NECA remained committed to the principle of social dialogue and tripartism, Oyerinde said, adding that the association would continue to support the stance previously taken by the Nigerian government, which favoured resolving the complex labour issues through consensus-building rather than judicial determination.

While acknowledging the ICJ opinion, Oyerinde stressed that the exercise of industrial actions must be balanced against 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), among other bilateral MoUs and agreements.

He said while NECA is preparing for the November 2026 ILO Governing Body session, as a member, he said the way forward will be examined.

In the interim, Oyerinde said the association urges a “constructive and pragmatic” approach, reaffirming its commitment to assisting the Nigerian government in ensuring that the national industrial relations framework remains balanced and conducive to economic growth.

According to him, NECA continues to advocate a system where industrial harmony is achieved through proactive grievance handling and mediation rather than reliance on strike actions