On Wednesday 21st September 2022, the National Industrial Court of Nigeria (NICN) ordered ASUU (Academic Staff Union of Universities) to call off its ongoing nationwide strike which has been on for the past seven (7) months and counting.
The Academic Staff Union of Universities (ASUU) has embarked on a nationwide strike starting from the 14th of February 2022, till date, demanding the re-negotiation of the 2009 FG-ASUU agreement, some of these demands ASUU is asking for are;
- Review of salaries for lecturers
- Better funding for universities, and some other issues.
During this striking period, the Federal Government has had a series of meetings with ASUU on how to call off the strike, so that students can go back to school, but each meeting between ASUU and FG always ends up without a unified or concrete agreement, so to say each meeting between the Academic Staff Union of Universities (ASUU) and the Federal Government (FG) ends in disagreement.
However, the Federal Government took the case to Industrial Court to challenge the Academic Staff Union of Universities industrial action (Strike)
Court Orders ASUU To Call Off Strike
The National Industrial Court of Nigeria (NICN) in Abuja has ordered the Academic Staff Union of Universities (ASUU) to suspend the ongoing strike with immediate effect.
On Wednesday 21st September 2022, Justice Polycarp Hamman, during the court session at the National Industrial Court of Nigeria in Abuja, gave the order in a ruling on behalf of the application by the Federal Government for an interlocutory injunction against the ongoing ASUU strike.
Justice Polycarp Hamman on Wednesday held that the strike was a breach of Section 18(1)(2) of the Trade Disputes Act, which prohibits their action.
Restrain ASUU From Continuing Strike – James Igwe, a Senior Advocate of Nigeria (SAN) on behalf of the Federal Government had filed the application seeking the court’s order restraining ASUU from continuing with the strike.
Injunction Granted – Justice Polycarp Hamman granted the order on Wednesday 21st September 2022, as he dismissed ASUU’s objection. Though Femi Falana ASUU’s lawyer who is also a Senior Advocate of Nigeria (SAN), had urged the court to disregard the federal government’s application, and instead, grant a prompt hearing of the main suit.
Why Court Ordered ASUU To Call Off Strike.
According, to Justice Polycarp Hamman he agreed with the Federal government stating that irreparable damage was being done to the lives of students who have been idle at home by the ongoing strike.
He also stated that not granting the injunction would cause more damage to the young ambitious Nigerian students whom the strike is affecting the most.
The Judge granted an injunction for the following reasons;
- National Youth Service Corps and employment in Nigeria’s armed forces where age is a requirement for participation and employment. (The students has to start school because of some students whose age are close the to maximum required age for NYSC)
- He also cited that the Trade Dispute Act prohibits parties from participating in an industrial action when case has been presented to the Industrial Arbitration Panel (IAP), Industrial court, or even when a conciliator has been appointed over the case.
ASUU Next Step of Action After Court Order
After the court proceedings, ASUU’s counsel Edorjeh Edo while addressing reporters stated that the union (ASUU) will have to study with the legal team before taking the next action.
Edorjeh Edo said – “There are quite a number of actions open to the union. We will study with the legal team and then we will adopt the most appropriate action,”.
In Conclusion:
ASUU is about to decide on whether to accept the court order and call off the strike or to consult its legal team for further action.
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