FG vs ASUU: A multifaceted crisis!
Turbulent times await students as war of attrition between ASUU and the Federal Government lingers on. Hearing has resumed at the National Industrial Court, NIC, sitting in Abuja.
As alleged, it will be recalled that the refusal by FG to comply with an agreement it earlier entered into with ASUU, made the union to embark on a nation wide strike halting all academic work for eight months in all public Universities.
In the heat of the argument and counter arguments that ensued the Minister of Labour and Employment, Chris Ngige, approached the court on 21 September. The presiding judge, Justice Polycarp Hamman, ordered the striking lecturers to return to the classroom, pending the determination of the suit entered by the FG against their union.
The interlocutory order of the Industrial Court was further reinforced by the Abuja Division of the Court of Appeal, in a ruling delivered on October 7, making it mandatory for ASUU to suspend their industrial action. The order reinforced the position of the lower court requesting ASUU to call off their strike before they would be allowed to lodge an appeal challenging the restraining order that was issued against them by the NIC.
Though ASUU has since complied and recalled their members to class both parties are in court for the continuation of the suite.
Upon resumption of proceedings presided over by the NIC President, Justice Benedict Kanyip
has fixed December 13 for continuation of hearing. At the resumed sitting, FG’s lawyer Mr. James Igwe told the court that ASUU served him with a preliminary objection it filed to query the jurisdiction of the court to hear the substantive suit marked NICN/ABJ/270/2022.
He said the government has also filed its own counter affidavit and written addresses, seeking the dismissal of ASUU’s objection to the suit.
Confirming the development, counsel to ASUU Mr. Femi Falana, SAN, who joined the proceedings virtually, said he was ready for the processes to be heard.
Likewise, the counsel for the Socio-Economic Rights and Accountability Project, SERAP, Mr. Kehinde Oyewumi has notified the court that his client has filed an application to be joined as interested party in the case.
After listening to both parties, Justice Kanyip, deemed all the processes as properly filed, and adjourned proceedings for ASUU’s preliminary objection to be heard.
The presiding judge also adjoined three other related cases, among which is a suit NICN/ABJ/336/2022, filled by ASUU challenging the decision of the Minister of Labour and Employment, Dr. Ngige, to recognize two splinter Unions, Congress of Nigerian University Academics, CONUA, and the National Association of Medical and Dental Academics, NAMDA.
ASUU is asking the court to withdraw the certificates of registration of the two newly registered unions.
However, when the matter was called, it was learnt that the unions were not properly served with the court processes.
