Appeal Court orders ASUU to return to work as condition to entertain notice
Following the elapse of the 24 hours timeline it gave to disputing parties in the seven-month industrial action by public universities’ teachers in the country, the Appeal Court in Abuja, Friday, ordered the striking members of the Academic Staff Union of Universities (ASUU) to resume work in line with the ruling of the National Industrial Court.
It would be recalled that, last Wednesday, October 5, the Court of Appeal told the Federal Government and ASUU to resolve their dispute amicably out of court.
In its ruling presided over by Justice Georgewill Abraham, the appellant court, suggested 24 hours for the two parties to meet and dialogue over their differences in the lingering strike action and ‘come out with a resolution that would make Nigerians happy.’
Delivering judgment in the appeal filed by ASUU on September 28, following a National Industrial Court ruling in a suit instituted by the Federal Government, which had ordered the public university lecturers to return to work, Justice Georgewill tasked counsel to the Federal Government, Mr James Igwe and that of ASUU, Mr Femi Falana to ‘first sit down as lawyers, take a patriotic position and convey the position to their clients.’
Federal Government had on September 22 dragged ASUU to the industrial court challenging its seven month-long strike, even as the lecturers insist that government must rescind its ‘no work, no pay’ rule, which had stalled further negotiations in the seven-point demand by the teachers.
However, in its resumed hearing on the appeal filed by ASUU, Presiding judge, Justice Hamman Barka in his ruling, granted ASUU ‘conditional leave to appeal the order of the Industrial Court’ insisting that ASUU must obey the order of the lower court with effect from Friday October 7.
The 3-man panel of the Judges gave ASUU seven days to file the appeal.
The Court said, for ASUU to file its notice of appeal within the 7 days, it must show evidence that its members have resumed work in line with the ruling by the Industrial Court.
“Failure to adhere to the order, will make the appeal incompetent before the Court of Appeal,” the panel unanimously held.
Speaking to newsmen on the ruling, Counsel to the Federal Government, Mr James Igwe, expressed happiness with the ruling, adding that Nigerian students have suffered enough at home and deserves to resume classes.
Mr. Mashal Abubakar, who appeared on behalf of senior counsel to ASUU, Femi Falana SAN, said appreciate steps would be taken to ensure that the court order is obeyed.
President of the National Association of Nigerian Students, NANS, Mr. Usman Umar, urged ASUU to obey the appeal Court ruling and government to do the needful in resolving the industrial disputes.
Last Wednesday, Justice Abraham urged FG and ASUU counsels: “There is time for everything, time for war and time for peace. As Ministers in the temple of justice, we want to see the two of you as Senior Lawyers to encourage and explore amicable settlement of this dispute.
“In fact, we expect to return to this court on Thursday with good news that the dispute has been thrashed out and all the appreciation of Nigerians will go to you.
“So, talk to your clients to take the interest of the nation into consideration for the sake of our children. As you leave here, go and sit down and talk and resolve the matter,“ the judge advised.
Responding, counsel to the Nigerian Government, James Igwe promised to look into the counselling with his colleague.
On his part, counsel to ASUU, Mr Femi Falana SAN said he had initiated something similar and would be happy to do more to resolve the dispute.
Falana, however restated that an amicable resolution of the matter would involve give and take from the two parties.
In a related suit, the court presided over by Justice Barka Akawu has fixed October 6 for hearing in a motion filed by ASUU for stay of execution of the judgment of the Industrial Court which ordered the striking lecturers to go and resume work pending the resolution of their dispute with the Federal Government.