The National Industrial Court on Friday in Abuja declined request by the Federal Government to hear its application for interlocutory compelling members of the Academic Staff Union of Universities (ASUU) to suspend their ongoing strike.
At Friday’s proceedings in the suit brought against ASUU by the Federal Ministry of Transportation Labour and Productivity, plaintiff’s lawyer, James Igwe (SAN) urged the court to hear his client’s pending application for interlocutory injunction.
Igwe stressed that issues at stake were about national interest and an utmost urgency, noting that millions of students have been out of school since February 14, 2022 when university lecturers went on strike.
He added: “Section 47 of the Trade Dispute Act gives your lordship the power to direct that no worker should continue to embark on strike pending when the applications are heard and determined.”
Lawyer to ASUU, Femi Falana (SAN), objected to Igwe’ s request, and argued that the plaintiff’s application could not be heard because the court had scheduled the case for further mention.
Falana said his client’s leaders were in the process of meeting with relevant stakeholders, including members of the House of Representatives on September 20 to further explore ways of resolving the dispute.
He added: “We are going out of our way to ensure that this matter is resolved and we appeal to the claimant (FG) to cooperate with us.”
Ruling, Justice Polycarp Hamman held that. he would not hear the application by the FG because the case was scheduled for Friday for further mention.
Justice Hamman said: “The matter is for further mention, which means hearing cannot take place.”
The judge also in held that the claimant’s application for interlocutory injunction, which has an affidavit of urgency, would be heard first at the next sitting.
Lawyer to the Socio-Economic Rights and Accountability Project (SERAP), Ebun-Olu Adegboruwa (SAN) spoke about his client’s pending application for permission to be made a party in the case and for the consolidation of the suit by the FG with one earlier filed by SERAP on the same issue.
Adegboruwa said he filed two of such applications, dated September 12 and 15. He elected to withdraw the earlier one to enable him move the later application.
He urged the court to hear his client’s application first before taking further steps in the case, a position Igwe opposed, arguing that he was not yet served with SERAP’s second application, dated September 15.
Justice Hamman however struck out the application dated September 12 which Adegboruwa applied to withdraw.
The judge proceeded to adjourn till September 19 for the hearing of the claimant’s application for interlocutory injunction.
The case filed by the National Association of Nigerian Students (NANS) against Federal Ministry of Education and ASUU was later mentioned.
NANS’ lawyer, Debo Ikuesan prayed the court for a definite hearing date for his client’s suit, but Justice Hammman queried the competence of the suit and his court’s jurisdiction to entertain it.
The judge, who questioned the juristic status of the claimant, ordered Ikuesan to file a response on or before September 20 to addresses both issues