The National Industrial Court of Nigeria (NICN) has ordered the Academic Staff Union of Universities (ASUU) to call off its ongoing nationwide strike.
ASUU, embarked on strike since February 14, 2022 to press home the demand for improved funding for universities, a review of salaries for lecturers, among other issues.
All the meetings between ASUU and the federal government had ended in a deadlock.
Consequently, the federal government went to court to challenge the strike.
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.
Mr J.U.K Igwe, SAN, counsel to FG in his submission had informed the court that the application for the injunction was dated Sept. 12 and filed same date.
He noted that the application was brought in pursuant to the rules of the NICN 2017 proceeding.
Igwe further stated that it was predicated on 11 ground, supported by 21 paragraph affidavit deposed to Mr Okechukwu Wampa, a Legal Adviser in the Ministry of Labour and Employment, attached with three exhibits and an undertaking as to damages deposed to by Wampa.
He also urged the court to grant the prayer sought and proceeded to adopt in its entirety and totality the written address, adding that the claimants had met all the requirements to enable the court grant the injunction
He cited that claimant’s action was not apprehensive and regarding damages, he said the lost time of seven months of the strike could not be regained.
He concluded by saying that going by the provision of section 18 (1) (e) of the Trade Disputes Act 2004, that a worker should not embark on strike when a matter is already before the court, urged the court to grant the injunction.
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. Adding that, once a referral was before a court, no party could go outside of it.
Falana in his argument further 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-General as a party in the suit, but that however, the application filed before the court was without the name.
The Human Rights Lawyer stated 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 therefore, 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.
Falana finally urged the court to dismiss the application or direct parties to the IAP.
