National Industrial Court of Nigeria (NICN) has fixed September 19 for a hearing on federal government’s prayer asking the court to order the Academic Staff Union of Universities (ASUU) to call off its seven-month strike.
The matter which was first mentioned on Monday, 12 September, was adjourned until Friday for further mention before Justice Polycarp Hamman court.
When the matter came up, Counsel to the federal government, Mr J.U.K Igwe SAN informed the court that going by its directive on Monday, that the claimant should file its process latest by Tuesday, that they had filed two processes.
He added that the first one was a motion on notice dated and filed Monday for an interlocutory injunction.
Igwe stated that the claimant also filed an affidavit of facts on the same date in support of the referral sent by the Minister of Labour and Employment.
He averred that some questions were raised with a full complement of a written address.
Igwe also submitted that the defendant (ASUU) had been served with proof of service before the court.
The counsel stated that as at the time of resumed hearing, that he was yet to receive a response from ASUU.
Igwe encouraged the court to call off the strike pending the determination of the suit, as millions of students have been at home since February 14, 2022.
Responding, counsel to ASUU, Mr Femi Falana, SAN, acknowledged receiving the the federal government ’s Interlocutory injunction but stated that they were already filing their reply in the court’s registry.
He said that the Minister of Labour and Employment lacked the power to order the defendant back to work.
Falana also informed that ASUU will be meeting with stakeholders in the House of Representatives on September, .20 to ensure that the matter is resolved.
Earlier, counsel to Socio-Economic Rights and Accountability Project (SERAP), Mr Ebuolu Adegoruwa SAN, raised the issue of joinder and consolidation of the suit, citing section 36 of the 1999 constitution to a fair hearing.
He submitted that the court should invoke the cited section in SERAP’s favour to be joined in the suit as a defendant and urged the court to take his application to that effect before entertaining any other application in the suit.
Adegoruwa said that relief 3 of their application is for a stay of further proceeding and for the court to determine whether or not they will be a party in the suit.
He added that the process was served to the claimant on Thursday.
Adegoruwa sought to withdraw an earlier filed process dated Monday and replace it with the one served on Thursday.
After listening to the submission of counsels, the court ruled that the application was not ripe to be taken as it was served at the Attorney- general’s office on Thursday.
The court stated that the application for an interlocutory injunction will be taken first on September, 19 by 11 am.
The judge, therefore, adjourned the matter until Sept.19, for a hearing.
The News Agency of Nigeria ( NAN) reports that the Minister of Labour and Employment on behalf of the federal government had filed the matter before the court by way of referral to resolve the ongoing strike by ASUU.
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