Court to rule on ASUU Strike Wednesday ‣ NewzAcid

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The Nationwide Industrial Court is to ship ruling in an utility crammed by the Federal Authorities (FG) searching for the order of court docket to direct the Tutorial Employees Union of Universities (ASUU) to name off its ongoing strike.

Justice Polycarp Hamman adjourned the matter after listening to the arguments of the counsel on behalf of the events.

J.U.Okay Igwe, counsel to FG, in his submission had knowledgeable the court docket that the applying for the injunction was dated September 12 and filed identical date.

He added that the applying was introduced in pursuant to the foundations of the NICN 2017 continuing.

Mr Igwe additional acknowledged that it was predicated on 11 grounds, supported by 21 paragraph affidavit deposed to Okechukwu Wampa, a Authorized Adviser within the Ministry of Labour and Employment, connected with three reveals and an endeavor as to damages deposed to by Wampa.

He additionally urged the court docket to grant the prayer sought and proceeded to undertake in its entirety and totality the written tackle, including that the claimants had met all the necessities to allow the court docket grant the injunction.

He cited that claimant’s motion was not apprehensive and relating to damages, he stated the misplaced time of seven months of the strike couldn’t be regained.

He concluded by saying that going by the availability of part 18 (1) (e) of the Commerce Disputes Act 2004 {that a} employee shouldn’t embark on strike when a matter is already earlier than the court docket, the court docket ought to grant the injunction.

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Femi Falana, counsel to the defendant, acknowledged that he had earlier than the court docket a 9 paragraph counter-affidavit filed on September 16 deposed to by the president of ASUU.

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Femi Falana (SAN)Femi Falana (SAN)

He additional submitted that connected to the affidavit was eight reveals accompanied by a written tackle and proceeded to undertake identical as their argument in opposition to the interlocutory injunction.

Mr Falana as well as argued that the minister lacked the facility to order the court docket within the referral to direct ASUU to name off its strike.

He averred additional that after a referral was earlier than a court docket, no get together may go exterior of it.

Mr Falana in his argument additionally identified that the claimants didn’t observe due course of partly 1 of TDA 2004 that stipulated that solely a person has the best to method the court docket as a commerce union will first want to go to Industrial Abitration Panel ( IAP), earlier than coming to the court docket.

He stated union can solely method the NICN to attraction the choice of IAP.

Mr Falana additionally stated that the letter that accompanied the referral had the identify of the Legal professional-Ggeneral as a celebration within the go well with, however that nevertheless, the applying filed earlier than the court docket was with out the identify.

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He additionally stated that the referral asking for accelerated listening to was not crucial as there was no urgency within the matter because the strike had lasted for seven months.

He additionally submitted that the steadiness of comfort was not on the aspect of the claimants and that the conducts of the claimants within the prayer for the court docket to interpret the 2009 Settlement needs to be discountenanced.

He lastly urged the court docket to dismiss the applying or direct events to the IAP.

Mr Igwe in response submitted that the minister didn’t order the court docket and that the letter connected to the referral was not a authorized doc because the discover of referral superceded the letter.

The Information Company of Nigeria (NAN) reviews that earlier, the court docket had dominated in favour of the claimants when Mr Falana had argued that the defendant’s preliminary objection on jurisdiction of the court docket needs to be taken earlier than every other utility.

Nevertheless, Mr Igwe had argued that the court docket in its determination on September 16 slated Monday for listening to.

Mr Igwe as well as acknowledged that the defendant’s objection won’t be prejudiced as it may be adopted and brought with the substantive at a later date.

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He additionally argued that the preliminary objection was not ripe for listening to because it was simply served on him about 14 minutes earlier than the continuing was f the day.

The court docket had upheld Mr Igwe’s argument and directed counsel to proceed with the interlocutory injunction’ utility and the counter-affidavit to identical.

NAN additionally reviews that the Minister of Labour and Employment on behalf of the Federal Authorities had filed the matter earlier than the court docket by the use of referral to resolve the difficulty of the continuing strike by ASUU.


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