Court Set Wednesday to Rule on Federal Government’s Plea to Order Striking Lecturers to Class

Cursory: The Industrial Court has set Wednesday to deliver ruling in an application filled by the Federal Government’s application seeking the order of court to direct the Academic Staff Union of Universities (ASUU) to call off its ongoing strike.

Recall that the federal government had implored on the government to order lecturers back to class while the hearing of the case it filed was still ongoing.

This plea was rejected by the government on account that it was the issue for determination and therefore could not be resolved before the hearing.

However, National Industrial Court (NIC) in Abuja on Monday scheduled a ruling for September 21 on the application by the Federal Government seeking to compel striking university lecturers to return to work pending the determination of a suit it filed against the industrial action by members of the Academic Staff Union of Universities (ASUU)

Justice prayed the court to order the striking varsity lecturers to resume work in the interim, pending the determination of the main suit.

Igwe argued that it was important that the case be urgently attended to because it is of great national interest, noting that millions of students have been at home since February 14 when the industrial action commenced.

He cited Section 47 of the Trade Dispute Act and argued that the provision allows the court to direct that no worker should continue to embark on strike pending when the applications are heard and determined.

Igwe stressed the need for the court to promptly determine the case to enable university students to return to classrooms.

He added that since the dispute between FG and university teachers had been submitted before the court for adjudication, it would be proper and in the interest of justice for the strike to be called off.

Mr Femi Falana SAN, counsel to the defendant stated that he had before the court a nine paragraph counter-affidavit filed on Sept. 16 deposed to by the president of ASUU

He further submitted that attached to the affidavit was eight exhibits accompanied by a written address and proceeded to adopt same as their argument in opposition to the interlocutory injunction.

Falana in addition argued that the minister lacked the power to order the court in the referral to direct ASUU to call off its strike.

He averred further that once a referral was before a court, no party could go outside of it.

Falana in his argument also pointed out that the claimants did not follow due process in part 1 of TDA 2004 that stipulated that only an individual has the right to approach the court as a trade union will first need to go to Industrial Abitration Panel ( IAP), before coming to the court.

He said union can only approach the NICN to appeal the decision of IAP

Falana also said that the letter that accompanied the referral had the name of the Attorney-Ggeneral as a party in the suit, but that however, the application filed before the court was without the name.

He also said that the referral asking for accelerated hearing was not necessary as there was not urgency in the matter as the strike had lasted for seven months

He also submitted that the balance of convenience was not on the side of the claimants and that the conducts of the claimants in the prayer for the court to interpret the 2009 Agreement should be discountenanced.

He finally urged the court to dismiss the application or direct parties to the IAP.

Igwe in response submitted that the minister did not order the court and that the letter attached to the referral was not a legal document as the notice if referral superceded the letter

The News Agency of Nigeria ( NAN) reports that earlier the court had ruled in favour of the claimants when Falana had argued that the defendant’s preliminary objection on jurisdiction of the court should be taken before any other application.

However, Igwe had argued that the court in its decision on Sept.16 slated Monday for hearing.

Igwe in addition stated that the defendant’s objection will not be prejudiced as it can be adopted and taken with the substantive at a later date.

He also argued that the preliminary objection was not ripe for hearing as it was just served on him about 14 minutes before the proceeding was f the day.

The court had upheld Igwe’s argument and directed counsel to proceed with the interlocutory injunction’ application and the counter-affidavit to same.

NAN also 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 to resolve the issue of the ongoing strike by ASUU.

Read Also: Strike: FG May Consider Out-Of-Court Settlement With ASUU

ALLSCHOOL TEAM