October 07, (THEWILL) – The Court of Appeal, Abuja Division, has ordered members of the Academic Staff Union of Universities (ASUU), to suspend its ongoing strike.
The appellate court gave the order in a ruling on an application by the ASUU, seeking permission for it to appeal against the order of the National Industrial Court, which asked the striking lecturers to resume duty.
The National Industrial Court, on September 21, granted interlocutory order in favour of the federal government, ordering the university lecturers to resume work pending the resolution of their dispute with the government.
Not satisfied with the lower court order, ASUU through its counsel, Femi Falana (SAN), filed an application at the Court of Appeal, Abuja, seeking the leave of court to file an appeal against the industrial court order.
Falana had claimed that it is the right of his client to file an appeal against the interlocutory injunction because it is against them.
He cited several authorities to the effect that ASUU must first seek and obtain leave of the court of appeal before filing a notice of appeal so as to ensure the validity of the appeal.
The senior lawyer had told a three-man panel of the court headed by Justice Hamma Barka to reject government opposition against the application, adding that it would amount to a dangerous decision for his client to be denied the right of appeal.
Earlier, Falana had requested that the stay of execution of the ruling of the industrial court, contained in the application, be discontinued.
On its part, the federal government prayed the court to dismiss the entire application on grounds of incompetence and jurisdiction.
Its Counsel, James Igwe (SAN), had drawn the attention of the court to the fact that the Industrial Court order made on September 21, has not been obeyed by the lecturers to 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.
“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”, he argued.
He prayed for the Court of Appeal to dismiss the request of ASUU for leave to appeal against the Industrial Court order that has not been obeyed.
However, in a ruling on Friday, Justice Barka Hamma, granted the application on the condition that the union obeys the ruling of the lower court and calls off the strike immediately pending the determination of the substantive suit.
Justice Hamma gave ASUU seven days within which to file the appeal following the obedience to the ruling of the lower court which ordered it to suspend the ongoing strike
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