ASUU

ASUU Vs FG: COURT GRANTS STRIKING LECTURERS CONDITIONAL LEAVE TO APPEAL

Published

1 year ago

October 13, 2022

The Court of Appeal sitting in Abuja has granted leave to the Academic Staff Union of Universities (ASUU) to appeal the decision of the National industrial Court of Nigeria delivered on the 21st of September.

In a ruling delivered by Justice Hamman Barka on Oct 7th and made public today, the court granted ASUU 7 days to file its notice of appeal before the National Industrial Court on the condition that the order of the lower court is obeyed immediately.

On the 28th of Sept, ASUU had applied to the court to grant it leave to appeal against the interlocutory order of Justice Polycarp Hamman of the National Industrial Court. ASUU also asked for an order staying execution of the decision of the National Industrial Court pending the hearing and determination of its appeal.

ASUU brought the application both on grounds of law and on Fundamental Human Rights and amongst other things, it asked the court not to shut out thousands of its members who are desirous of ventilating their grievances.ASUU also held that the ruling of the National Industrial Court affects its members right to fair hearing and it would be in the interest of justice to stay the execution of the decision pending the hearing and determination of its appeal.The reliefs were brought pursuant to Section 6(6) (b), 36 (1) and 243 (3) of the 1999 constitution as amended and Order 6 Rule s 1(1), and Order 10 (1) of the Court of Appeal Rules 2021.The Federal Government through its lawyers filed a counter affidavit In opposition to ASUU’s application.

Among other things, the FG challenged ASUU’s subsequent move to withdraw its application seeking a stay of execution of the decision of the National Industrial Court.In its ruling, the court of appeal held that ASUU can withdraw its application seeking a stay of execution and same was accordingly struck out. More worrisome for the court was the failure of ASUU to obey the decision of the National Industrial Court, a situation which led the FG’s lawyer, J. U Igwe to submit that the association was seeking for an order of the court of appeal, “with dirty hands”.

After reviewing all the judicial authorities cited, the court of appeal granted the application for leave to appeal the decision of the National Industrial Court on the condition that the order of the court is obeyed immediately.

The court also acknowledged that Mr Falana is a long time advocate of the rule of law and obedience to lawful court orders. The court challenged the learned silk to aid the obedience of the lawful court orders made.

ASUU

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

Published

3 days 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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