ASUU Strike: FG ignorant of appropriate court to resolve trade dispute with lecturers – Falana
A legal luminary and human rights activist, Mr Femi Falana (SAN) has disclosed that the Academic Staff Union of Universities (ASUU) is not in contempt of court in the recent ruling on interlocutory injunction by the National Industrial Court, directing ASUU to call off its ongoing nationwide strike and return to classrooms.
Falana further advised the Federal Government to desist from chasing shadows by threatening ASUU with contempt of court and proscription, saying that the best option available to the Federal Government is to adopt urgent measures to end the strike that has paralysed academic activities in public universities for the past seven months.
According to Falana, it is imperative for the Federal Government to take advantage of the intervention of the leadership of the House of Representatives to resolve all outstanding issues and end the strike without further delay.
ASUU has been on strike since February 14, asking for improved funding for universities, review of salaries for lecturers and other contentious issues.
TheIdeal recalls that Justice Polycarp Hamman had on September 21, granted the request of the Federal Government, seeking for an interlocutory injunction to restrain ASUU from continuing with the ongoing strike.
But ASUU, through his lead lawyer, Falana SAN, has approached the Court of Appeal for redress, seeking a stay of execution of the ruling.
The Minister of Labour and Productivity, Dr Chris Ngige, ,however, stirred the honest’ nest at the weekend when it warned ASUU against the consequences of disobeying court order, claiming that the lecturers are in contempt of court.
But Falana has faulted the claims of Ngige in a statement made available on Monday, adding that the application for the leave of the Court of Appeal against the injunction is the same as an appeal under the rules of the court.
According to Falana, ASUU cannot be accused of contempt of court on the grounds that the union is seeking to appeal and stay the execution of the ruling
The Senior Advocate said, “The minister is unaware that the National Industrial Court lacks the jurisdictional competence to intervene in the resolution of a trade dispute that has not been determined by the industrial arbitration panel.”
“However, contrary to the claim of the Minister that the ASUU has not filed an appeal, the application for leave of the court of appeal to appeal against the interlocutory order of injunction is deemed to be an appeal under the rules of the court of appeal.
“The application is equally accompanied by a motion for stay of execution of the said order. To that extent, the members of the ASUU cannot be accused of engaging in contempt of the order of the National Industrial Court in so far as they are seeking to appeal and stay the execution of the said order.
“Having exercised their constitutional right of appeal and prayed the Court of Appeal to stay the execution of the interlocutory order of the National Industrial Court pending the determination of the appeal, the members of ASUU cannot be said to have engaged in any form of contempt.
“However, instead of chasing the shadow by threatening the ASUU with contempt of court and proscription, the Federal Government should adopt urgent measures to end the strike that has paralysed academic activities in public universities for the past seven months.
“In particular, the Federal Government should take advantage of the intervention of the leadership of the House of Representatives to resolve all outstanding issues and end the strike as soon as possible.”
