ASUU strike: NANS kicks against Court judgement

By Andrew Orolua, Doouur Iwambe and Ukpono Ukpong

The National Association of Nigerian Students (NANS) has kicked against the court judgment mandating the Academic Staff Union of Universities (ASUU) to call off its 7 months strike.

Recall that the National Industrial Court (NIC), sitting in Abuja, on Wednesday, ordered immediate suspension of the ongoing strike by the Academic Staff Union of Universities (ASUU) that had shut the universities for the past seven months

Justice Polycarp Hamman gave the order while ruling on an interlocutory application filed by the Federal Government against the ASUU strike.

The judge ruled that “the interlocutory application is meritorious and hereby granted, pending the determination of the substantive suit.”

Consequently, the Court made an “order of interlocutory injunction restraining ASUU or its agents from taking any further actions and steps on the strike pending the determination of the suit as a matter of national interest.”

Justice Hammam said that he had carefully considered the application and the submissions of both parties in dispute and found that the application was properly before the court.

The court also weighed the balance of convenience and found that it tilts in favour of the applicant, he said.

He noted that ASUU had embarked on what it called “warning strike” on February 14, 2022 and on August 19, 2022 it declared an indefinite strike while the Federal government filed the action in court on September 12, 2022.

Justice Hammam said that taken into consideration the plight of millions of university students who have been shut out of schools for seven months, no compensation would assuage their injury, particularly as the National Youth Service Corps Act prohibits persons above 30 years of age from serving the one compulsory service.

He said that even employment opportunities are restricted to a certain age brackets i.e Nigerian Army, Nigerian Navy, asking ‘who will suffer more inconvenience if the prayer is granted’.

He added that these basic considerations are all in favour of the application.

He further stated that the ASUU’s contention that the referral was incompetent and robbed the court of its jurisdiction was premature at this stage as ASUU had filed a preliminary objection to the substantive on the issue.

The court also overruled ASUU’s submission that there was no competent affidavit in support of the application as it was deposed to by a civil servant who was not informed about the case by those directly involved.

The judge said the deponent, one Okechukwu Nwafor, a legal officer in the Ministry of Labour and Employment was sufficiently knowledgeable about the dispute.

The judge on Wednesday after the ruling, issued an order remitting the case file to the Chief Judge of National Industrial Court to reassign FG/ASUU case to another judge for hear.

Reacting to the ruling in a statement, NANS National Public Relations Officer, Giwa Temitope, said the judgment betrays equity.

The student union spokesperson explained that rather than direct ASUU to return to classroom, the court should have ordered the Federal Government to sort the striking lecturers.

According to the students’ union, the fact that they had to drag ASUU to court is a signal that this government cannot handle crisis.

The statement reads: “Our attention has been drawn to a news of a court judgment mandating the Academic Staff Union of Universities (ASUU) to call of its 7 months strike. As an association, we feel disturbed to read the news of the judgment because we believe that it betrays equity.

“Ordinarily, the Federal Government is not meant to have dragged ASUU to court. But, the fact that they had to drag ASUU to court is a signal that this government cannot handle crisis. And, we want to state categorically that the court cannot force members of ASUU back to lecture theatres.

“And, as it stands today, with that court judgment, we maintain that the court has not resolved the problem and we reject the judgment in strong terms. The court could have said that the Federal Government should go and pay rather than say that lecturers who are on strike should go back to classrooms. We were expecting the court to have understood that lecturers are on contract of personal service hence, they cannot be compelled to render a service they don’t want to render.

“The only remedy to this strike action is for the Federal Government to accede to the demands of ASUU which the government willingly entered into with them and properly fund education.”

Reacting, the Academic Staff Union of Universities (ASUU) rejected the court order and vowed to appeal it.

The union in a statement signed by the Lagos Zonal Coordinator, Dr Adelaja Odukoya, quoted the National President, Professor Emmanuel Osodeke, as saying, “our lawyer is filing an appeal and stay of execution of the judgment.”

According to the statement titled, “NICN back to work order on ASUU: Be calm”, Osodeke urged the aggrieved university teachers to remain calm as there is no cause for alarm on the back-to-work order delivered earlier today.

“Members should remain resolute and strong. A people united can never be defeated. Solidarity without compromise,’’ he stated.

Meanwhile, the Federal Government has declared that nobody won or lost in the ruling of the National Industrial Court of Nigeria (NICN), ordering members of the striking Academic Staff Union of Universities (ASUU) to return to work.

The Minister of Labour and Employment, Sen. Chris Ngige, made the declaration yesterday while receiving members of the Nigerian Association of Medical and Dental Academics (NAMDA) in his office.

Ngige also assured that the court ruling does not preclude further negotiation between the Federal Government and ASUU.

He said: “The ruling is in the best interest of the nation. It is a win-win situation for all of us- government, students, lecturers- all Nigerians indeed. I have just gotten the order of court asking ASUU to go back to work. It is a sound judgment. It is no victor, no vanquished. You doctors in academics are for now members of ASUU, but, you are here, even though you have dissociated yourself and you are working. We want to thank you for working and teaching your students.

“The court ruling does not preclude us from going on with further negotiation and consultations. The pro-chancellors met Mr. President and made some demands, such as topping up government offer and seeing whether there could be some bailout. Mr. President said in considering it, he will consult stakeholders. So, he is going to consult everybody.”

Ngige welcomed the intervention of the House of Representatives in the ASUU imbroglio, saying he was happy that the Speaker, Femi Gbajabiamila said they were going to meet the President.

He said the intervention was timely considering that the President must have also consulted some stakeholders, adding that whatever money to be put in would go into the 2023 appropriation where the National Assembly comes in.

“If they have shown interest now, it is good and wonderful. When they bring that proposal, the Executive will not have any problem. ASUU should also know that this is a step in the right direction. And all these things have been promised them by the Minister of Education at their last meeting with him. For me, they should do the needful and get back to classroom.”

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He said the government would order the vice chancellors to reopen the universities in compliance with the order of court.

Recall that ASUU, had on February 14, 2022, embarked on the strike to demand the re-negotiation of the 2009 FG-ASUU agreement, among others.