The attempt by the federal government of Nigeria, to force the Academic Staff Union of Universities (ASUU) back to work through court order, has failed after the National Industrial Court (NIC) sitting in Abuja, on Friday, declined to hear the application.
The presiding judge, Justice Polycarp Hamman, in his ruling, declined to hear the application on the basis of an objection raised by ASUU’s legal counsel, Femi Falana.
The federal government had last week, dragged ASUU to the NIC, praying the court to direct the striking academic union back to work to save Nigeria’s public universities from crippling.
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At the resumed hearing of the application on Friday, FG’s lawyer, James Igwe prayed the court to hear the plaintiff’s interlocutory application for an injunction against ASUU, arguing that the matter is of great national interest involving millions of students who have been at home since February 14 when the strike began.
“Section 47 of the Trade Dispute Act gives your lordship the power to direct that no worker should continue to embark on strike pending when the applications are heard and determined”, he argued.
He urged the court to order the ASUU in the interim, to return to the classroom, pending the determination of the suit.
In response, Falana opposed the prayer, arguing that it would amount to determining the substantive suit. He said that the matter is already billed to be heard once again and thus, could not be entertained for the issuance of injunctive order.
In addition, Falana told the court that his clients are consulting with stakeholders, including members of the House of Representatives on September 20, in a bid to end the lingering strike action.
“We are going out of our way to ensure that this matter is resolved and we appeal to the claimant to corporate with us,” he said.
Based on this argument, Justice Hamman ruled in favor of the defendant, agreeing that the government’s application cannot be entertained at this point of the hearing.
The matter was consequently adjourned to Monday, September, 19 for a hearing.
ASUU has been on strike for over seven months now, crippling academic sessions in most public universities in Nigeria. The effects of the ongoing strike on the future of Nigerian students have been decried by stakeholders, parents and concerned citizens.
The union is demanding N1.12 trillion from the federal government to improve the welfare of its members as well as to improve the universities’ education standard that it said has long been out of date. In addition, ASUU is asking the government to allow it to use University Transparency and Accountability Solution (UTAS) against the government’s mandated Integrated Payroll and Personnel Information System (IPPIS) for salary payment.
The issues, which are part of the agreement that ASUU reached with the government in 2009, have held the universities to ransom as both parties are not willing to budge. The government says it has no money to fund ASUU’s request while the union sticks strongly with its demands.
At the receiving end of this controversy are students whose future is being jeopardized. The government is now counting on the court to force the resumption of public university education; a move many believe will not yield the needed result.