Strike: No end in sight as ASUU files appeal on judgement

Strike: No end in sight as ASUU files appeal on judgement

The Academic Staff Union of Universities (ASUU) has filed an appeal challenging the ruling of Justice Polycarp Hamman of the National Industrial Court Abuja which ordered the lecturers to call off their seven-month-old strike and return to the classrooms.

 

 

Counsel to ASUU, Femi Falana, SAN, based their appeal on 14 grounds.

 

 

The appeal by Falana was also accompanied by a request for a stay of execution on the ruling by Justice Polycarp Hamman.

 

 

The NIC, had in a judgment that was delivered last Wednesday by Justice Polycarp Hamman, ordered the striking varsity lecturers to return to the classroom, pending the determination of a suit, the Federal Government filed to query the legality of their strike action.

 

 

ASUU

 

 

The interim injunction directing ASUU members to resume work followed an application FG filed through its lawyer, Mr. James Igwe.

 

Justine Hamman held that the order was both in the national interest and for the sake of undergraduates in the country; most of whomat have been at home since February 14.

 

 

He held that the strike action was detrimental to public university students that cannot afford to attend private tertiary institutions.

 

 

One of the grounds of appeal filed by the union through its counsel goes thus; “The learned Trial Judge erred in law and thereby occasioned a miscarriage of justice when he decided to hear and determine the Respondents’ motion for an interlocutory injunction when he knew or ought to have known that the substantive suit filed by the Claimant was not initiated by due process of law.”

 

 

The appeal also faulted the judge’s order that the strike was an infringement on the right of students.

 

 

Erred

 

 

The appeal further stated, “The learned trial Judge erred in law when he held that the rollover strike is an infringement of the right of the Nigerian students and the government who is the owner of the universities.

 

 

“The learned trial judge erred in law and occasioned a miscarriage of justice when he granted the order of interlocutory injunction in favor of the Respondents without exercising his discretion judicially and judiciously.

 

 

Mandates

 

 

“The learned trial judge erred in law in holding that ‘there is no doubt that the balance of convenience tilts in favour of the Claimants/ Applicants’.

 

 

“The learned trial judge erred in law when he held that ‘there is no undue delay on the part of the Respondents in bringing the application for an interlocutory injunction. Also, the learned trial judge erred in law when he held that ‘pursuant to Section 17 of the Trade Dispute Act, Section 18(1) E mandates the members of the Defendants/Respondents not to take part in any strike pending the determination of the suit.”

About The Author

Chuks Ofurum is a staff of 1ST NEWS. He writes the weekly column "The Mouthpiece". [email protected]

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