Abuja — The Court of Appeal, Abuja Division yesterday ordered striking members of the Academic Staff Union of Universities (ASUU), to end the nearly eight months strike they embarked upon since February 14, 2022 and resume immediately.
The three-man panel of the appellate court ruled that ASUU must first obey the order of an Industrial Court, Abuja, ordering them back to work before coming to the court for leave to appeal the order of the lower court.
The appellate court gave the order while ruling in a motion by ASUU seeking leave to appeal the order of Justice Polycarp Hamman of the National Industrial Court.
Following the breakdown of negations between the federal government and ASUU, the federal government through the Ministry of Labour had dragged ASUU before the Abuja Division of the Industrial Court, seeking an order that will compel ASUU to go back to the classroom pending the resolution of disagreement that brought the strike in the first place.
Justice Hamman, on September 21, ordered ASUU to go back to the classroom in the interest of the nation and suffering students.
But rather than comply, the striking lecturers, approached the appellate court for leave to appeal Justice Hamman’s order, as well as another request for the same to be set aside.
Delivering ruling in the motions yesterday, the appellate court held that before leave to appeal is considered, the union must first obey the order of the trial court and call off the eight-month old strike.
The appellate court held that if the union complied with the order, then it should file its appeal within seven days.
Presiding Justice of the three-man panel of the appellate court, Justice Barka Akawuu, had last Thursday adjourned to yesterday (Friday) for ruling after taking arguments from parties for and against the motion.
The striking lecturers had on September 23 brought a proposed notice of appeal to the Court of Appeal seeking, amongst others, leave to appeal the ruling of Justice Hamman which ordered them to resume work immediately, pending the resolution of their dispute with the government.
The judge had predicated his action on Section 18 of the Trade Dispute Act that empowers him to make such decisions in the interest of the nation.
In arguing the motion for leave to appeal, ASUU’s lawyer, Mr. Femi Falana, SAN, had claimed that it was the right of his client to file an appeal against the interlocutory injunction because it was against them.
Falana cited several authorities to the effect that ASUU must first seek and obtain leave of the court of appeal before filing notice of appeal so as to ensure validity of the appeal.
The senior lawyer urged the three-man panel of the appellate court headed by Justice Barka Akawuu, to reject the FG’s opposition of the application, adding that it would amount to a dangerous decision for his client to be denied the right of appeal.
Falana had also informed the appellate court of ASUU’s desire to request for a stay of execution of the ruling of the industrial court.
However, in a vehement opposition to ASUU’s application, the federal government prayed the court to dismiss the entire application on grounds of incompetence and jurisdiction.
FG’s lawyer, Mr. James Igwe, SAN, drew the attention of the court to the fact that the Industrial Court order made since September 21, had not been obeyed by the lecturers till date.
He also opposed the decision of ASUU to jettison the stay of execution of the Industrial Court order, adding that both parties have already joined issues.
The senior lawyer argued that ASUU, having been in contempt of court, cannot come before the Court of Appeal with unclean hands to ask for a favour or attention of the court.
Specifically, he cited order 6 rule 4 of the Court of Appeal, adding that ASUU’s application, is in breach of the order, thereby making it incompetent and should not be granted.
Similarly, Igwe argued that proper parties were not before the court because the parties were wrongly and unlawfully listed on the application paper against the parties at the industrial court.
He said: “ASUU is in contempt of court, it is illegal for ASUU to remain on strike in the face of the Industrial Court order. Section 18(1) of the Trade Dispute Act, does not allow a party in contempt to come before the Court of Appeal with the type of ASUU’s application.”
Igwe therefore prayed the Court of Appeal to dismiss the request of ASUU for leave to appeal against the Industrial Court order that has not been obeyed.
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