Femi Falana, human rights advocate, says the Academic Staff
Union of Universities (ASUU) did not engage in contempt of court on the recent
verdict of the national industrial court.
On September 21, the industrial court ordered ASUU to call
off its ongoing nationwide strike.
Polycarp Hamman, the judge, granted the federal government’s
application for an interlocutory injunction to restrain ASUU from continuing
with the strike.
Subsequently, the union filed an appeal against the judgment
alongside a stay of execution.
ASUU has been on strike since February 14 to press home the
demand for improved funding for universities, review of salaries for lecturers,
among other issues.
Over the weekend, Chris Ngige, minister of labour and
productivity, warned ASUU against the consequences of contempt of court.
Reacting to Ngige’s comments, Falana, counsel to ASUU, in a
statement on Monday, said the application for the leave of the court of appeal
against the injunction is the same as an appeal under the rules of the court.
The human rights lawyer said ASUU cannot be accused of
contempt of court because the union is seeking to appeal and stay the execution
of the order.
“The minister is unaware that the national industrial court
lacks the jurisdictional competence to intervene in the resolution of a trade
dispute that has not been determined by the industrial arbitration panel,”
Falana said.
“However, contrary to the claim of the Minister that the
ASUU has not filed an appeal, the application for the leave of the court of
appeal to appeal against the interlocutory order of injunction is deemed to be
an appeal under the rules of the court of appeal.
“The application is equally accompanied by a motion for stay
of execution of the said order. To that extent, the members of the ASUU cannot
be accused of engaging in contempt of the order of the national industrial
court in so far as they are seeking to appeal and stay the execution of the
said order.
“Having exercised
their constitutional right of appeal and prayed the court of appeal to stay the
execution of the interlocutory order of the national industrial court pending
the determination of the appeal, the members of ASUU cannot be said to have
engaged in any form of contempt.
“However, instead of chasing the shadow by threatening the ASUU
with contempt of court and proscription, the federal government should adopt
urgent measures to end the strike that has paralysed academic activities in
public universities for the past seven months.
“In particular, the federal government should take advantage of the intervention of the leadership of the house of representatives to resolve all outstanding issues and end the strike as soon as possible.”
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