The National Industrial Court, NIC, in Abuja, on Friday,
refused the request of the federal government to compel the striking Academic
Staff Union of University, ASUU, to work pending the determination of the suit
challenging the strike.
At a resumed sitting, Counsel to the federal government,
James Igwe SAN, requested the court to compel ASUU to resume work pending the
determination of the suit.
However, the defendant’s counsel, Femi Falana, SAN opposed
the request, stating that it would amount to determining the substantive suit.
Justice Peterson Hammam who agreed with Falana said it was
the issue for determination and therefore could not be resolved before the
hearing.
Meanwhile, the application brought by SERAP seeking to be
joined as an interested party was not heard as the counsel filed another
application which was only served on the party on Friday.
SERAP’s lawyer prayed the court to withdraw the earlier
application and substitute the same with the current one.
The court subsequently struck out the earlier application.
The lawyer also argued that for the sake of justice his
application should be heard before entertaining other matters related to the
suit.
On his part counsel for the defendant, Falana agreed that in
the interest of justice and clarity it would be proper to hear the application
brought by SERAP pertaining to the same matter before the determination of
other issues.
He, however, added that the defendant (ASUU) is making moves
to meet with stakeholders to ensure that the matter is resolved and asked for
an adjournment to Friday for completion of the process of filing that has
commenced.
In response, counsel to the Federal government, James Igwe,
asked the court to give the substantive suit before the court’s accelerated
hearing because of the urgency of the matter to enable the students resume in
schools.
He also contended that the SERAP application is not ripe for
hearing because it has not been served to him.
The court in its ruling agreed that SERAP’s application is
not yet ripe for hearing since it was only served on Friday to party through
the ministry of Justice.
The judge consequently adjourned the suit to Monday,
September, 19 for hearing.
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