The national industrial court of Nigeria (NICN) has ordered
the Academic Staff Union of Universities (ASUU) to call off its ongoing
nationwide strike.
ASUU has been on strike since February 14 to press home the
demand for improved funding for universities, a review of salaries for
lecturers, among other issues.
Several meetings between ASUU and the federal government
have ended in a deadlock.
Consequently, the federal government went to court to
challenge the strike.
James Igwe, counsel to the government, prayed the court for
an interlocutory injunction restraining ASUU from taking further steps as
regards the strike, pending the determination of the substantive suit.
Igwe said the suit was filed in national interest, adding
that the strike will result in irreparable damage to Nigerian students and to
the country.
The counsel had submitted that section 18(1)E of the Trade
Disputes Act provides that employees cannot be on strike when a matter is
before the industrial court.
Opposing the application, Femi Falana, counsel to ASUU, said
asking the union to resume work is “wrong and scandalous”.
He said there would not have been a need to embark on any
strike if the applicants had kept to various agreements and MOUs reached in the
past.
He also said the injunction was not necessary as there is no
urgency since the strike had lasted for seven months.
Ruling on the application on Wednesday, Polycarp Hamman, the
judge, granted the request.
He held that the strike is detrimental to public university
students who cannot afford to attend private tertiary institutions.
He said the TDA mandates workers not to embark on strike
once an issue has been referred to the industrial court.
“The balance of convenience tilts in favour of the
applicant,” he held.
“I hold that this application is meritorious and this
application is granted.”
The court therefore restrained “ASUU, whether by themselves,
members, agents, privies or howsoever called, from taking further steps and
doing any act in continuance of the strike action pending the hearing and
determination of the suit filed”.
The judge also refused to fine the federal government as
demanded by ASUU.
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