Appeal Court Orders ASUU To Call Off Strike

October 7, 2022
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The Appeal Court sitting in Abuja on Friday ordered the Academic Staff Union of Universities (ASUU) to obey the order of the National Industrial Court and call off the ongoing strike, before seeking to appeal the judgment.

The Friday ruling was done by a three-member panel of the appellate court, led by Justice Hamma Barka.

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The court gave ASUU seven days within which to file the appeal when it must have suspended the over seven months strike.

Justice Barka held that if ASUU fail to re-open the universities, the order to appeal against the interlocutory injunction of the National Industrial Court “will be automatically vacated.”

“I am inclined to granting the application to appeal the decision of the National Industrial Court of Nigeria.

“But, the order of the lower court shall be immediately obeyed.

“Should the applicant (ASUU) fail to obey the order (of the lower court), the leave so granted shall be automatically vacated,” Justice Barka said in the lead ruling on Friday.

Justice Polycarp Hamman, trial judge of the industrial court had in September while ruling on an interlocutory injunction filed by the counsel to the federal government, James Igwe, ordered the ASUU to suspend the industrial action pending the determination of the suit, while negotiation continues.

Not satisfied with the ruling, ASUU filed an appeal at the appellate court, challenging the order.

ASUU through its lead counsel, Femi Falana (SAN) had filed for stay of execution of the Industrial Court’s order, but was struck out by the appellate court.

At its sitting on Wednesday, the appellate court had asked ASUU and federal government to opt for an out-of-court settlement in handling the dispute between both parties.

The academic union embarked on the strike on February 14, 2022 in protest of government inability to meet their demands for better funding of the public universities among other issues.

This has paralysed academic activities in the nation’s public universities.

PBA Reporter
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