February 25, 2024
Court orders ASUU to call off strike

Court orders ASUU to call off strike

Academic Staff Union of Universities (ASUU) must resume work, according to the National Industrial Court.

 

ASUU’s seven-month strike was requested to be ended by the Federal Government in a lawsuit.

The matter had been referred to the court by the Minister of Labor and Employment on behalf of the Federal Government in order to address the ongoing ASUU strike.

 

In his argument, Mr. J.U.K. Igwe, SAN, counsel for FG told the court that the application for the injunction was dated September 12 and submitted on the same date.

In accordance with the NICN 2017 proceeding’s regulations, he continued, the application was submitted.

 

Igwe said that the claim was supported by a 21-paragraph affidavit submitted under oath to Mr. Okechukwu Wampa, a legal adviser in the Ministry of Labour and Employment, together with three exhibits and Wampa’s pledge to pay damages.

Additionally, he requested that the court approve the requested prayer and then adopted the written address in its entirety, stating that the claimants had satisfied all criteria necessary for the court to award the injunction.

READ ALSO: Aisha Buhari under fire for celebrating daughter-in-law graduation amid ASUU strike

In regards to damages, he claimed that the claimant’s action was not apprehensive and that the seven months of lost time due to the strike could not be made up.

A worker should not go on strike while a case is already in court, according to section 18 (1) (e) of the Trade Disputes Act 2004, he said. He urged the court to grant the injunction.

 

A nine-paragraph counter-affidavit filed on September 16 by the president of ASUU was presented to the court, according to the defendant’s attorney, Mr. Femi Falana SAN.

Additionally, he stated that there were eight exhibits and a printed address attached to the affidavit, and he went on to adopt this as their defense to the interlocutory injunction.

 

Falana also asserted that the minister lacked the authority to request that the court instruct ASUU to put off its strike in the referral.

 

He further asserted that once a referral was in front of a court, no party may leave it.

 

In his defense, Falana also emphasized that the claimants had broken part 1 of the TDA 2004’s due process provisions, which stated that only an individual has the right to approach the court and that a trade union must first appear before the Industrial Abitration Panel (IAP) before approaching the court.

 

According to him, the union can only appeal the IAP decision to the NICN.

 

Falana added that although the Attorney-General was listed as a participant in the lawsuit in the letter that accompanied the referral, his name was absent from the application that was submitted to the court.

Additionally, he claimed that because the strike had lasted seven months, there was no need for the referral requesting for an expedited hearing.

 

He further argued that the claimants’ actions in asking the court to interpret the 2009 Agreement should be discounted and that the balance of convenience was not on their side.

 

Finally, he requested that the application be denied or that the court refer the parties to the IAP.

 

Court orders ASUU to call off strike

 

Leave a Reply

Your email address will not be published. Required fields are marked *