ASUU: Court Adjourns Case With FG To March

The Federal government's suit against the Academic Staff Union of Universities (ASUU) has been adjourned until March 28 for a ruling by the National Industrial Court.

The lawsuit, which was filed in August 2022 by the Federal government and the Minister of Education, sought interpretation and application of certain sections of the Trade Dispute Act (TDA) relating to the then-ongoing ASUU strike.

The News Agency of Nigeria (NAN) reports the matter was before Justice Benedict Kanyip, President of the court, on Tuesday for the hearing of the defendant's preliminary objection. 

However, the defence counsel, Femi Falana, SAN, said he was unable to file his Reply on Point of Law due to an internet issue, and sought a short adjournment. 

Following the resumption of the court at 1 pm, Falana applied for his motion dated and filed Sept. 19, 2022, seeking the leave of court to extend his motion and to consider his Reply on Point of Law, which was filed on Tuesday, as properly filed.

He argued that the Minister of Labour and Employment did not follow due process before referring the matter to the court, relying on order 3 rule 6 of the TDA to support his preliminary objection based on the jurisdiction of the court.

According to Falana's argument, reconciliation steps were not followed properly and the Minister could only approach the court if the parties of a trade union were unable to resolve their differences.

In response to Falana's submission, J.U.K Igwe (SAN), counsel to FG and Minister of Education, argued that the authorities cited by the defence counsel were irrelevant to the matter at hand. 

He also contended that Falana's reply, which he received just five minutes before the court proceeding, was focused on facts and not on law.

Igwe added that the defence counsel should have requested the leave of court to file a counter-affidavit. 

He also asserted that the NIC, with its exclusive jurisdiction over industrial matters, was the appropriate venue for the case.

Furthermore, Igwe argued that the Minister acted within his rights as order 3 rule 6 of the TDA conferred on him the power to refer the matter to NICN. 

He stated that the case was of national interest and urged the court to disregard Falana's objection.

The judge adjourned the matter until March 28 for a ruling.

AllNews Nigeria had reported that the Minister of Labour and Employment had referred the matter to the court seeking the resolution of the strike issue and interpretation of certain sections of the TDA.

On September 21, 2022, the court ordered the defendant, ASUU, to end its strike and return to work.

After ruling on the interim injunction, the vacation judge presiding over the matter returned the file to the court's president for reassignment to hear the substantive suit.