Academic Staff Union of Universities has asked the Court of Appeal to set aside the ruling of the National Industrial Court asking the lecturers to call off their 7-month-old strike and return to the classroom. The order of the National Industrial Court was delivered on September 21, 2022, by Justice Polycarp I. Hamman. The suit dated October 14, 2022, and numbered NICN/ABJ/270/2022 has ASUU as the Appellant and the Federal Government of Nigeria and the Minister of Education as the Respondents.
Details Of Appeal Filed By Nigerian University Lecturers, ASUU Against Industrial Court Judgment Ordering End To 7-Month-Old StrikeThe order of the National Industrial Court was delivered on September 21, 2022, by Justice Polycarp I. Hamman.Academic Staff Union of Universities has asked the Court of Appeal to set aside the ruling of the National Industrial Court asking the lecturers to call off their 7-month-old strike and return to the classroom.
ASUU went on strike on February 14 to demand improved funding for universities, and a review of salaries for lecturers, among other issues.Consequently, the Nigerian government approached the National Industrial Court to challenge the strike. The court however granted ASUU “conditional leave to appeal the order of the Industrial Court,” but insisted that ASUU should obey the order of the NIC.
The suit listed Particulars of Error as “i. The Referral dated 08th September was made without complying with the mandatory steps and procedure stipulated in part 1 of the Trade Disputes Act. Gound Two says, “The Learned Trial Judge misdirected himself in law and thereby occasioned a miscarriage of justice when he held that, ‘I have also seen that the bulk of the other submissions of Falana, SAN relate to the competence of the Referral dated 8th September, 2022 and the substantive suit which have been argued in the Notice of Preliminary Objection filed on the 16th day of September, 2022.
iii. The law is trite that once a Referral has been filed before the court no party is allowed to go outside the Referral as held in the case of Seafarers Collaborative Union V. NUPENG 3 NLLR 137, National Headquarters of Nigerian Union of Civil Service, Typists, Stenographic and Allied Staff V. Federal Branch of NUCSTSAS 21 NLLR 24.
“ii. It was established before the learned trial court that the Referral was incurably defective and bad and thus ought to be discountenanced as the learned trial court hath no business assuming jurisdiction. “iii. The decision to transfer the case to the Honourable President of the National Industrial Court was not contained in the Ruling of the Learned Trial Judge.
“ii. It is not in dispute that the Claimant only sent the referral instrument on the 08th September, 2022.
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