ASUU President, Emmanuel Osedeke
Following Wednesday ruling by the National Industrial Court directing the Academic Staff Union of Universities, ASUU, to suspend its 7-month strike, the Union has appealed for stay of execution of the directive and pledged to appeal the court order.
In a terse statement signed by the Chairman of Lagos Zone of the union, Adelaja Odukoya on Wednesday, the union urged its members to “remain calm.”
The union said its lawyer is already filing an appeal.
Renowned human rights activist, Femi Falana, a Senior Advocate of Nigeria (SAN), is the counsel to ASUU.
The statement by ASUU is titled; “NIC Back to Work Order on ASUU: Be Calm.” It urged members and Nigerians to remain united, even as it suggested that the order would be vacated.
The statement reads in part; “Our Comrade President, Comrade Victor Osodeke, has urged members of our Great Union to remain calm as there is no cause for alarm on the back to work order delivered earlier today.
“Our lawyer is filing an appeal and stay of execution of the judgment. Members should remain resolute and strong. A people united can never be defeated. Solidarity without compromise.”
Meanwhile, the leadership of the National Association of Nigerian Students and the National Coordinator of Education Rights Campaign (ERC), Hassan Soweto, have reacted to the industrial court order.
Mr Soweto described the court verdict as unfair and shameful, saying it is a confirmation of his belief that “the judiciary is simply an arm of the apparatus of the capitalist state, just as the police and the army.”
He called on the leadership of the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC) to declare a 48-hour nationwide warning strike in reaction to the court order.
He said the Nigerian court’s role “is to defend the interest of the corrupt ruling elite who are busy stealing the money required to fund public education.”
He said, “At this stage, all we can say is that our solidarity with ASUU on its resolve to fight for adequate funding of public universities remains unshakeable despite this court order.
“We urge the NLC and TUC not to allow the government to use the court to frustrate the legitimate struggle of ASUU. We call on the labour movement to respond to this unfair court order by escalating action into a 48-hour warning general strike and mass protest.”
The National Industrial Court had on Wednesday restrained the Academic Staff Union of Universities (ASUU) from continuing the strike it embarked on Feb .14.
Delivering judgment, Justice Polycarp Hamman, held that the court determined the application based on issue two as formulated by the claimants.
” The ASUU by themselves, members, agents, servants or anyone privy to them is hereby restrained from taking further step or taking any action or otherwise any strike action pending the hearing and determination of the substantive suit.
” The court in addition finds merit in the application for Interlocutory injunction brought by the claimants,” he held.
Hamman further said that in granting an injunction, certain requirements such as existence of legal rights, balance of convenience, conduct and evidence of damages and loss needed to be met by the applicant seeking reliefs.
He also discountenanced the argument of Mr Femi Falana, SAN, counsel to ASUU, on the issue that Mr Okechukwu Wampa was not qualified to depose to the claimant’s affidavit.
Falana had argued in the defendant’s counter-affidavit that Wampa’s deposition was based on hearsay.
The court said that Wampa being a legal officer employed by the Attorney-General of the Federation and deployed to the Ministry of Labour and Employment as a legal adviser could depose in the issue and could offer legal advice in the matter.
He resolved the issue citing section 115 (1) (2) of Evidence Act, 2011 and section 12(2) of NICN Act,2006.
The court while addressing the issue of competency of the referral as raised by Falana, it ruled that the issue will be delved into when taking the defendant’s preliminary objection application and during the hearing of the substantive suit
The judge added that the balance of convenience tilted to the claimants based on paragraph 3,5,6 and 7 of their affidavits.
He said the paragraphs which cited the plight of students who ought to have graduated still in school as the result of the strike and the claimants who owns the public universities that are on strike as balance of convenience.
The court also ruled that the intellect of students who have been out of school for several months equated irreparable loss and damages were the facilities that have been dormant for months.
The court also discountenanced the argument of the defendant which submitted that the urgency of the matter was self- induced.
Falana in his submission had prayed the court for an accelerated hearing in the suit instead of granting an interlocutory injunction.
The court however differed that it was not self-induced as parties had been in negotiation all the while until the defendant declared the strike as indefinite on Aug.29.
The court therefore held that the conduct of the claimants was not reprehensible.
The court in conclusion stated that granting an injunction was at the discretion of the court, that the court however found the application meritorious on the strength of section 256 of the Constitution, section 18(1e) of the Trade Disputes Act and section 17 of the NICN proceeding, as shown by the claimants
The court made no order as to cost and added that the court will be sent back to the president of the court to be reassigned as the court ends its vacation by Sept.27.
News Agency of Nigeria (NAN) 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 instrument to resolve the issue of the ongoing strike by ASUU.
PREMIUM TIMES & NAN Reports
