The Academic Staff Union of Universities (ASUU) has appealed the ruling of the National Industrial Court directing it call off the seven months old strike pending the determination of the case by the court.
According to court documents filed before the Appeal Court, the lecturers are praying for the stay of execution of the trial court’s judgment. The NIC had ruled in favor of the federal government’s argument that ASUU cannot remain on strike while the matter is in court as it contravenes Section 47 of the Trade Dispute Act.
ASUU had convened an emergency meeting to determine its response to the judgment, which later turned out to be a decision to appeal.
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Court documents show that ASUU is asking the Appeal Court for the following:
“1. AN ORDER granting the Applicant leave to appeal against the interlocutory ruling of the National Industrial Court of Nigeria per Honourable Justice P.I. Hamman in SUIT NO: NICN/ABJ/270/2022 between FEDERAL GOVERNMENT OF NIGERIA & 1 OR. VS ACADEMIC STAFF UNION OF UNIVERSITIES delivered on Wednesday 21st day of September, 2022.
“2. AN ORDER staying execution of the order of this Honourable Court per Honourable Justice P.I. Hamman in SUIT NO: NICN/ABJ/270/2022 between FEDERAL GOVERNMENT OF NIGERIA & 1 OR. VS ACADEMIC STAFF UNION OF UNIVERSITIES delivered on Wednesday 21st day of September, 2022 pending the hearing and determination of the interlocutory Appeal.
“3. AND ANY OTHER ORDER OR ORDERS this Honourable Court may deem fit to make in the circumstance of this case.
“4. AND FURTHER TAKE NOTICE that the appellant/applicant shall at the hearing of this application rely on the affidavit sworn to by Samuel Ameh on behalf of the Applicant.”
This means that the strike, which has crippled academic activities in public universities, will linger as long as the legal showdown.
Both ASUU and the federal government have failed to reach a consensus that will bring an end to the strike. With the impact telling terribly on students, the National Association of Nigerian Students (NANS) had embarked on protest in an attempt to force the federal government to yield to ASUU’s demand.
But with NIC’s ruling, parents and students have urged ASUU to return to classrooms. NANS Zone-E called on the academic union to honor the judgment considering that the strike is a setback to the development of education in Nigeria.
But the federal government had earlier implemented the “no work, no pay” policy, which means that the striking lecturers will not be paid even if they return to work.
The situation has created a standoff between the federal government and ASUU that will only, by the look of things, be settled by the Supreme Court.