ASUU

ASUU VS FG: COURT ADJOURNS SUIT FOR RULING

Published

2 years ago

February 22, 2023

The National Industrial Court on Tuesday adjourned the Federal government suit against the Academic Staff Union of Universities (ASUU) until March 28 for ruling.

The claimants, Federal government and the Minister of Education, had dragged ASUU before the court in August 2022 over the then strike, for interpretation and application of some Trade Dispute Act (TDA).

The matter before the president of the court, Justice Benedict Kanyip, came up on Tuesday for hearing of the defendant’s preliminary objection.

However, when the matter was called, the defence counsel, Mr Femi Falana, SAN, informed the court that his process on Reply on Point of Law could not be filed on Monday at the court’s registry due to internet issue.

He, therefore, sought for the leave of court for a short adjournment.

The judge in response stepped down the matter until 1.00 p.m. to enable the counsel properly file his process and serve on the claimants’ counsel.

When the court resumed, Falana applied for his motion dated and filed Sept. 19, 2022, seeking for the leave of court for extension and his Reply on Point of Law filed Tuesday to be deemed as properly filed.

He further proceeded to inform the court that his preliminary objection was premised on jurisdiction of the court and he relied on order 3 rule 6 of the TDA to argue that the Minister of Labour and Employment did not follow due process before issuing the referral to the court.

He stated that reconciliation steps were not duly followed and that the Minister could approach the court if parties of a Trade Union could not resolve their differences.

Mr J.U.K Igwe, SAN, counsel to FG and Minister of Education, in response to Falana’s submission, stated that Falana’s reply which he received five minutes before the court’s proceeding was on reply of facts and not on law.

He further stated that all the authorities cited by the counsel did not have any relevance to his application.

Igwe, in addition, stated that the defence counsel should have sought for the leave of court to file a counter-affidavit.

He also said the National Industrial Court with its exclusive jurisdiction on industrial matter had the jurisdiction to entertain the matter.

Igwe stated that the Minister did not act out of the ordinary as order 3 rule 6 of the TDA conferred on him the power to refer the matter to NICN.

He added that the matter was also of national interest.

He concluded by urging the court to discountenance the defence counsel’s objection.

The judge, therefore, adjourned the matter until March 28 for ruling.

The News Agency of Nigeria (NAN) reports that the Minister of Labour and Employment, on behalf of the Federal government, had filed the matter before the court by way of referral for the court to resolve the issue of the strike and for interpretation of certain sections of the TDA.

The court on its part on Sept. 21, 2022 directed the defendant to end its strike and return to work.

The vacation judge who had presided over the matter after delivering ruling on the interim injunction returned the file to the president of the court for reassignment for the hearing of the substantive suit. (NAN).

ASUU

NLC, TUC, ASUU, Others Defy Court Order As They Begin Strike

Published

1 year ago

November 14, 2023

Pamilerin Fedpolygist

The NLC had on Monday announced the commencement of the industrial action from midnight of Monday, 13 November, in defiance to a restraining order issued by the National Industrial Court in Abuja on Friday.

The Nigeria Labour Congress (NLC), the Trade Union Congress (TUC) and its affiliates including the Academic Staff Union of Universities (ASUU), on Tuesday, began a nationwide strike, in defiance to a restraining court order barring them from embarking on the industrial action.

The two major labour unions, NLC and TUC, had declared the strike, following the brutalisation of the NLC president, Joe Ajaero, in Imo State on 1 November. Mr Ajaero was attacked in Owerri, the state capital, during an NLC protest against the Imo State government over alleged maltreatment of workers in the state.

The unions on Monday directed their members to down tools across the country as from Tuesday.

This is despite the restraining order issued by the National Industrial Court, in Abuja, on Friday, stopping the labour unions from embarking on the strike. The judge, Benedict Kanyip, ordered the two major labour unions to stop their industrial action scheduled to commence 14 November.

The interim order followed an ex-parte request by the Nigerian government through the office of Attorney General of the Federation (AGF) and Minister of Justice, due to the Labour unions’ threat to embark on strike.

Ignoring the court order, ASUU President, Emmanuel Osodeke, a professor of soil science, on Monday, directed compliance with the strike declaration in a letter to ASUU zonal coordinators and branch chairpersons across the country.

“As an affiliate of NLC, all members of our union are hereby directed to join this action of NLC to protect the interest of Nigerian workers and the leadership of the union. Zonal coordinators and branch chairpersons should immediately mobilise our members to participate in the action,” ASUU President, Mr Osodeke, wrote in a letter to zonal and branch chairpersons of the union.

When PREMIUM TIMES asked Mr Osodeke if he was aware of the subsisting court order stopping the strike, he said the question should be directed to the NLC which called for the strike.

“Call the NLC, ASUU did not declare a strike, NLC declared the strike. Call NLC,” he said in a telephone interview on Tuesday morning.

But the NLC’s head of information, Benson Upah, did not respond to phone calls and messages sent to his line requesting for comments, as of the time of filing this report.

The labour unions had, on Monday, refused to acknowledge the court order while directing their members to withdraw their services as from Tuesday.

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