THE National Industrial Court on Friday in Abuja declined a request by the Federal Government to hear its application for interlocutory compelling members of the Academic Staff Union of Universities (ASUU) to suspend their ongoing strike.
At Friday’s proceedings in the suit brought against ASUU by the Federal Ministry of Transportation Labour and Productivity, plaintiff’s lawyer, James Igwe (SAN) urged the court to hear his client’s pending application for interlocutory injunction.
Igwe stressed that issues at stake were about national interest and an utmost urgency, noting that millions of students have been out of school since February 14, 2022 when university lecturers went on strike.
He added: “Section 47 of the Trade Dispute Act gives your lordship the power to direct that no worker should continue to embark on strike pending when the applications are heard and determined.”
Lawyer to ASUU, Femi Falana (SAN) objected to Igwe’ s request, and argued that the plaintiff’s application could not be heard because the court had scheduled the case for further mention.
Falana said his client’s leaders were in the process of meeting with relevant stakeholders, including members of the House of Representatives on September 20 to further explore ways of resolving the dispute.
He added: “We are going out of our way to ensure that this matter is resolved and we appeal to the claimant (FG) to cooperate with us.”
Ruling, Justice Polycarp Hamman held that. he would not hear the application by the FG because the case was scheduled for Friday for further mention.
Justice Hamman said: “The matter is for further mention, which means hearing cannot take place.”
The judge also held that the claimant’s application for interlocutory injunction, which has an affidavit of urgency, would be heard first at the next sitting.
Lawyer to the Socio-Economic Rights and Accountability Project (SERAP), Ebun-Olu Adegboruwa (SAN) spoke about his client’s pending application for permission to be made a party in the case and for the consolidation of the suit by the FG with one earlier filed by SERAP on the same issue.
Adegboruwa said he filed two of such applications, dated September 12 and 15. He elected to withdraw the earlier one to enable him move the later application.
He urged the court to hear his client’s application first before taking further steps in the case, a position Igwe opposed, arguing that he was not yet served with SERAP’s second application, dated September 15.
Justice Hamman however struck out the application dated September 12 which Adegboruwa applied to withdraw.
The judge proceeded to adjourn till September 19 for the hearing of the claimant’s application for interlocutory injunction.
The case filed by the National Association of Nigerian Students (NANS) against the Federal Ministry of Education and ASUU was later mentioned.
NANS’ lawyer, Debo Ikuesan prayed the court for a definite hearing date for his client’s suit, but Justice Hammman queried the competence of the suit and his court’s jurisdiction to entertain it.
The judge, who questioned the juristic status of the claimant, ordered Ikuesan to file a response on or before September 20 to addresses both issues
As part of efforts to resolve the protracted industrial action embarked upon by the university lecturers, President Muhammadu Buhari has committed to engaging in more consultations to end the strike.
President Buhari gave this indication on Friday when the Chairman and select members of Pro-Chancellors of Federal Universities paid him a visit at the Presidential Villa, Abuja.
According to a statement issued by his Special Adviser on Media and Publicity, Mr Femi Adesina, the President told his visitors that without necessarily going back on what is already an established policy, “I will make further consultations, and I’ll get back to you.”
The Pro-Chancellors were led to the meeting by Professor Nimi Briggs, who said they had come to meet with the President in three capacities: “As President and Commander-in-Chief, as father of the nation, and as Visitor to the Federal Universities.”
He added that despite the pall cast by the over seven months industrial action, “the future of the university system in the country is good,” citing as example the recent listing of the University of Ibadan among the first 1,000 universities in the world, a development occurring for the first time.
Prof Briggs commended the Federal Government for concessions already made to the striking lecturers, including the offer to raise salaries by 23.5% across board, and 35% for Professors. He, however, asked for “further inching up of the salary, in view of the economic situation of the country.”
The Pro-Chancellors also asked for a reconsideration of the No-Work, No-Pay stance of government, promising that lecturers would make up for time lost as soon as an amicable situation was reached, and schools reopened.
