ASUU to appeal court order directing it to call off strike

THE National Industrial Court (NICN) sitting in Abuja, on Wednesday, ordered the Academic Staff Union of Universities (ASUU) to call off its ongoing strike embarked upon since February this year. 

The Federal Government had, in an interlocutory motion filed by its counsel, James Igwe, asked that the university lecturers be compelled by the court to go back to work pending the resolution of their demands for better working conditions. 

Ruling on the interlocutory injunction, the trial Judge, Justice Polycarp Hamman, restrained ASUU from continuing with the industrial action pending the determination of the suit filed against ASUU by the Federal Government. 

The court invoked Section 18 of the Trade Dispute Act (TDA) and national interest of the Nigerian students to grant the request of the Federal Government for an order compelling ASUU to call off its seven months strike. 

The Federal Government, in its submissions, contended that under Section 18(1)E of the TDA, employees could not continue a strike action when a matter is already referred to the industrial court for ad- judication and that there was need for the matter to be expeditiously determined to enable university students to return to school. 

According to Igwe, the failure to call off the strike would cause irreparable damage to both the university students and the nation.

He said since the dispute between the Federal Government and the university lecturers is already before the court for adjudication, it would be proper and in the interest of justice for the strike to be suspended. 

Justice Hamman, in his ruling, held that the application was meritorious and deserved to be granted by the court, and while dismissing objections raised by ASUU through its lawyer, Femi Falana, the court held that the strike action was detrimental to public university students that cannot afford to attend private tertiary institutions. 

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“The balance of convenience tilts in favour of the applicant. I hold that this application is meritorious and this application is granted,” Justice Hamman ruled and, thereafter, issued an order, restraining ASUU, “Whether by themselves, members, agents, privies or howsoever called, from taking further steps and doing any act in continuance of the strike action, pending the hearing and determination of the suit filed.” 

Meanwhile, ASUU has directed its members across the country to remain calm and resolute. A memo by the Lagos zone coordinator of the union, Dr Adelaja Odukoya, to members of the zone, which was obtained by Nigerian Tribune on Wednesday, said the president of ASUU, Professor Emmanuel Osodeke, said there is no cause for alarm. 

He said, “So, our lawyer is filing an appeal and stay of execution of the judgment.” 

The National Association of Nigerian Students (NANS) has, however, called on ASUU to comply with the court ruling and call off the strike. Senate President of NANS, Ismail Adesina said the association would be ready to withdraw its case pending in the court against ASUU and the Federal Government over the prolonged strike. 

He commended the firm decision of the NICN, saying this was an affirmation of the fact that the judiciary remains the last hope of the common man. While urging the Federal Government to ensure that issues raised by the lecturers are addressed, NANS ob- served that negotiation on contentious issues could continue even after resumption of academic activities. He noted that students have suffered so much, losing almost an entire academic session to the protracted strike. 

Adesina noted that NANS had sued the Federal Government and ASUU and the case is coming up on September 24, stressing, however, that the students would withdraw the case if ASUU complies with the Industrial Court’s order and resume work immediately. 

In another reaction, the association in a statement described the directive of the NICN as a black judgment. 

NANS in a statement made available by its National Public Relations Officer, Mr Giwa Yisa Temitope, said from all in- dications, the court judgment betrays principle of equity as regards the issues in contention. The students said, “Ordinarily, the Federal Government ought not to have taken ASUU to court and to have done so is a signal that it cannot handle crisis. 

“So, we want to state categorically that the court can- not force members of ASUU back to classrooms. “We believe that the judgment is incapable of resolving the issues in contention and we, therefore, reject the judgment in strong terms,” the statement reads. 

The students explained further that the court should have rather ordered the Federal Government to go and pay the lecturers their salaries and meet their other demands rather than to force them to go back to work. “So, we are not in support of the court judgment,” NANS emphasised. 

In another similar development, the Congress of University Academics (CONUA) has urged the vice-chancellors of Nigerian public universities to re-open the institutions for the commencement of academic activities in line with the judgement of NICN. CONUA national coordinator, Dr Niyi Sunmonu, in a statement made available to the Nigerian Tribune said the reopening of the ivory towers became imperative as the court is one of the recognised tools in a democracy. 

“Since CONUA members have not been on strike, re-opening the universities will make it possible to duly continue work, stem the restlessness among the students and facilitate the restoration of peace to the nation,” Sunmonu said.