Strike: ASUU Appeals National Industrial Court’s Ruling On Resumption
The Academic Staff Union of Universities (ASUU) has filed an appeal challenging the ruling of Justice Polycarp Hamman of the National Industrial Court (NIC) Abuja, which ordered the lecturers to call off their seven-month-old strike and return to the classrooms.
Counsel to ASUU, Mister Femi Falana, based their appeal on 14 grounds. The motion is seeking two reliefs, which are:
A) The leave to file the appeal pursuant to Section 243 of the Constitution that requires the party to seek a leave of court to appeal the judgment or ruling of the National Industrial Court (NIC).
B) Seeking a stay of execution of the orders of the court, pending the hearing and determination of the appeal.
The application was supported by an affidavit, which was deposed to by Samuel Ameh, who is a research assistant in the office of Falana and Falana’s Chambers.
He deposed on the note stating that he had the consent of ASUU to swear on oath. Ameh further stated in the affidavit that he was informed that the said ruling affects the fundamental and other legal rights of ASUU and its members.
It was his further disposition that the court below made the order without jurisdiction, as the said referral was incompetent.
It was deposed further that ASUU has a very strong case and appeal which the court ought to decide one way or the other. He, therefore, prayed the court to preserve the subject matter of the dispute so as not to render the appeal nugatory.
14 GROUNDS OF APPEAL
That the learned trial Judge – Justice Polycarp Hamman – erred in law and thereby occasioned a miscarriage of justice when he decided to hear and determine the respondents’ motion for an interlocutory injunction when he knew or ought to have known that the substantive suit filed by the claimant was not initiated by due process of law.
The court is bound to resolve issues surrounding the competence and validity of an initiating process before proceeding to grant reliefs in an application emanating therefrom.
More to follow…
Related Article: Why Gbajabiamila needs to apologise to ASUU – Falana
FAQs: ASUU Appeals National Industrial Court’s Ruling on Resumption (Strike)
What is ASUU’s appeal about?
The Academic Staff Union of Universities (ASUU) has appealed the National Industrial Court’s ruling concerning the resumption of academic activities. The union is seeking a review of the judgment, arguing that its legal and labor rights should be fully considered before any directive affecting the strike is enforced.
Does ASUU’s appeal mean the strike will continue?
Not necessarily. Filing an appeal does not automatically determine whether the strike will continue or end. The outcome depends on ongoing negotiations between ASUU and the Federal Government, as well as any subsequent court decisions.
How does the appeal affect university students?
Students may continue to experience uncertainty regarding academic calendars, examinations, and graduation timelines until there is a final resolution through the courts or a negotiated agreement between ASUU and the government.
What issues are typically at the center of ASUU’s disputes with the government?
ASUU’s disputes often involve funding for public universities, lecturers’ salaries and allowances, university autonomy, infrastructure development, implementation of previous agreements, and improved welfare for academic staff.
What should students do while awaiting the outcome?
Students should regularly monitor official announcements from their universities, ASUU, and the Federal Ministry of Education for verified updates. They are also encouraged to continue personal study and stay prepared for academic activities to resume once the dispute is resolved.
