Go back to work, court orders ASUU

The National Industrial Court sitting in Abuja, on Wednesday, ordered the Academic Staff Union of Universities (ASUU) to call off its on-going 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 adjudication 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 (SAN), the court held that the strike action was detrimental to public University students that cannot afford to attend private tertiary institutions.

“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.”

ASUU had embarked on an initial four weeks strike to press home its demands that included an improved funding for universities, as well as a review of salaries for lecturers. The union subsequently extended the strike action indefinitely on August 29, following the breakdown of its negotiations with the government.

While ASUU accused the Federal Government of not being sincere in its negotiation, the government, through the Ministry of Labour and Employment, approached the court to compel the striking lecturers to return to the classroom.

In the suit, the Federal Government specifically urged the court to, “Interpret in its entirety the provisions of Section 18 LFN 2004, especially as it applies to the cessation of strike once a trade dispute is apprehended by the Minister of Labour and Employment and conciliation is ongoing.

“An order of the Court for ASUU members to resume work in their various universities while the issues in dispute are being addressed by the NationaI Industrial Court in consonance with the provisions of Section 18 (I) (b) of the TDA Cap T8. LFN 2004”.

ASUU had, in a counter-affidavit it filed before the court, opposed the suit on the premise that the Minister of Labour and Employment, Dr. Chris Ngige, lacked the power to order the court in the referral to direct it to call off the strike action.

ASUU, argued through its counsel that, the University lecturers would not have embarked on strike had it been the Federal Government kept to various agreements and Momoradum of Understanding (MoU), it signed with the union in the past.

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