EDUCATION: APPEAL COURT ORDERS ASUU TO CALL OF STRIKE IMMEDIATELY
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By Aishat Momoh. O.
On Friday, the Academic Staff Union of Universities was told to end its strike by the Court of Appeal in Abuja.
The court issued the order after rejecting the union’s request for a stay of execution of a previous National Industrial Court decision ordering university teachers to resume work.
The union was given permission to challenge the industrial court’s decision, but a three-member panel of the Court of Appeal chaired by Hamma Barka ruled that it must first start work in order to do so.
It stated that should ASUU fail to reopen the universities, the union’s authorization to challenge the National Industrial Court’s interlocutory order “would be automatically annulled.”
The university lecturers’ union was given seven days to file a notice of appeal against the National Industrial Court’s ruling.
“I lean toward accepting the request to appeal the National Industrial Court of Nigeria’s ruling. However, the lower court’s order must be immediately complied with, the justices ruled unanimously.
On September 21, the National Industrial Court ordered ASUU to end the strike.
The federal government’s request for notice was granted by the court, ordering the lecturers back into the classrooms.
In his decision on the interlocutory injunction, trial judge Polycarp Hamman prohibited ASUU from carrying out the industrial action until the outcome of the lawsuit brought by the federal government against ASUU. Unhappy with the decision, the union went to the appeals court to challenge it.
Additionally, a request for a stay of the Industrial Court’s judgment was made.
The Court of Appeal rejected ASUU’s request for a stay of the lower court’s judgment and, as a result, ordered the lecturers on strike to “immediately” end their eight-month walkout.
It stated that ASUU had the right to challenge the industrial court’s ruling.
The panel decided that should the petitioner disobey the order (of the lower court), the leave granted should be instantly revoked, siding with the FG’s claim that ASUU could not approach the appellate court with “dirty hands.”
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