Appeal Court Orders ASUU To Resume Work Immediately
THE Court of Appeal, Abuja Division, on Friday, October 7, ordered the Academic Staff Union of Universities (ASUU) to call off its eight-month strike and resume work immediately.
The appellate court, while giving the order, said that is the only condition the union’s request to appeal the ruling of the National Industrial Court, which ordered it to call off its strike, will be given effect.
The court, however, granted the application on the condition that the union obeys the ruling of the lower court and calls off the strike immediately, pending the determination of the substantive suit.
It gave ASUU seven days within which to file the appeal, following its obedience of the ruling of the lower court.
The industrial court had on September 21 ordered ASUU to call off the strike, while granting the motion on notice filed by the Federal Government, urging the lecturers to return to classrooms.
While ruling on the interlocutory injunction, the trial Judge, Justice Polycarp Hamman, restrained ASUU from continuing with the strike, pending the determination of the suit filed against it by the Federal Government.
Dissatisfied with the judgment, ASUU approached the appellant court to challenge the ruling.
But higher court, yesterday,the union to immediately call off its strike as a precondition for granting its request to appeal the lower court ruling.
The three-member panel, led by Justice Hamma Barka, held that the permission to file the appeal was only on the condition that the union would resume work immediately, adding: “For the avoidance of doubt, the applicant shall immediately abide and obey the order of the interlocutory injunction made by the lower court.
“Upon the immediate compliance and return to work, to their duty post as in order one above, leave is hereby granted to the applicant to appeal against the decision of the interlocutory order of the lower court made against it.
“The applicant shall upon the immediate compliance with the orders above by complying with the order of interlocutory injunction made against it by the lower court, immediately, today, October 7 and returning to work, we shall allow seven days from today, within which to file the notice and grounds of appeal at the registry of the lower court.”
In his lead ruling, Justice Barka noted that the substance of the application bordered on whether or not the Court of Appeal could grant the applicant’s application for leave to appeal the ruling of NIC.
He expressed worries that ASUU had not obeyed the order of the lower court, saying worrisome is the disobedience of the order of the National Industrial Court that a senior Counsel, like Femi Falana (SAN), who is known for his advocacy for obedience to court orders, could not convinced his client to comply with a simple order of the court.
The Justice, however, noted that the applicant’s application goes to the constitutional guaranteed power of the Court of Appeal to hear the grievances of the aggrieved persons from the lower court, saying although the applicant had breached the order of court by its disobedience: “I am inclined to grant the leave to appeal sought by the applicant.
“I challenge Falana to impress on his client to obey the order of the lower court, because this court cannot be moved without compliance with the order.”
The court held that should the applicant fail to comply with order one of the ruling and return to work, the leave granted to the applicant to file the appeal shall be automatically vacated, adding that failure to adhere to the order would make the appeal incompetent before the court.
The court also ruled that ASUU, having withdrawn the application seeking a stay of execution of the ruling of the lower court, the application was hereby struck out.
ASUU had earlier filed an application seeking a stay of execution of the ruling of the NIC ordering its members to return to work, but Falana, however, withdrew the application, saying he had taken the decision in consultation with his clients.
The Federal Government, through its Counsel, James Igwe (SAN), however, opposed the application, urging the court to instead dismiss it on the grounds that both parties had joined issues.
Igwe also urged the court not to grant the application seeking leave to appeal the order of the lower court, on the grounds that ASUU had come to the court with dirty hands and cannot be seeking a remedy in court when it had refused to obey the order of another court.
Speaking with journalists later, Igwe said the ruling of the appellant court was a well considered one, as the Justices considered the plight of both the nation and the students, expressing optimism that the union would obey the court’s order.
On behalf of ASUU, Mashall Abubakar said the decision would be conveyed to his clients and they would be advised appropriately.
