The Court of Appeal in Abuja has asked the Academic Staff Union of Universities (ASUU) and the Federal Government to opt for an out-of-court settlement in handling the impasse between both parties.
The legal tussle between the Federal Government and the
Academic Staff Union of University (ASUU) took a different dimension on
Wednesday, when a three-member panel of Justices of the Court of Appeal, sitting
in Abuja admonished counsel in the matter to meet and discuss out-of-court
settlement of the dispute.
ASUU, which had been on strike since February this year,
last week appealed the ruling of the National Industrial Court, which ordered
the University lecturers to return to the classroom, pending the determination
of the suit, the Federal Government filed to query the legality of their strike
action.
But, when the matter came up on Wednesday, one of the
Justices on the panel, Justices George will Abraham asked counsel if he could
sit on the panel considering his relationship with one of the Professors; and
both counsels to the Federal Government and ASUU asked him to remain on the
panel that, they have confidence in him for a just judgement in the matter.
As counsel to ASUU, Mr Femi Falana (SAN) move his
application dated September 28, 2023, seeking the stay of execution of the
ruling of the National Industrial Court and to also set it aside, counsel to
the Federal Government, James Igwe objected on the ground that the Federal
Government has not been served with the application.
At this point, Justice Abraham began admonishing counsel in
the matter to come together and think of how to resolve the matter immediately,
in the interest of University students.
Other members on the panel, Justices Hama Barka and Nature
Gafai joined their brother Justice in appealing to Falana and Igwe to have a
round table discussion and resolve their differences, saying, “It should not be
war, war, go back and talk”.
Both Igwe and Falana, representing the Federal Government
and ASUU respectively promised to heed the advice of the court and will meet
and think of how to resolve the matter for the striking lecturers to go back to
the classroom.
Both counsels agreed to put their heads together and will
have information for the court on Thursday (today), being the next adjourned
day to hear ASUU’s application.
ASUU had approached the Court of Appeal sitting in Abuja,
asking it to set aside the ruling of the National Industrial Court, which
ordered to call off its over seven-month-old strike action.
The union, in a 14-ground of appeal equally applied for a
stay of execution of the judgement. One of the grounds of appeal said, “The
learned Trial Judge erred in law and thereby occasioned a miscarriage of
justice when he decided to hear and determine the Respondents’ motion for an
interlocutory injunction when he knew or ought to have known that the
substantive suit filed by the Claimant.
The appeal also faulted the judge’s order that the strike
was an infringement on the right of students and added also that, “The learned
trial Judge erred in law when he held that the rollover strike is an
infringement of the right of the Nigerian students and the government who is the
owner of the universities.
That the trial judge erred in law and occasioned a
miscarriage of justice when he granted the order of interlocutory injunction in
favour of the Respondents without exercising his discretion judicially and
judiciously and holding that ‘there is no doubt that the balance of convenience
tilts in favour of the Claimants/ Applicants’.
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