FG vs ASUU: Industrial Court to Deliver Judgment May 30

Onyebuchi Ezigbo in Abuja

The National Industrial Court of Nigeria (NICN) has reserved judgment for May 30, on the substantive application brought by the federal government, challenging the eight-month strike of the Academic Staff Union of Universities (ASUU).

A statement by the Office of the Minister of Labour and Employment, said the presiding judge, Hon. Justice Benedict Kanyip, announced the date for judgment yesterday, after the parties in the matter adopted their written addresses in the referral NICN/ABJ/270/2022, as earlier directed by the court.
It recalled that at the last hearing on May 2, 2023, President of NICN, Justice Kanyip, granted the defendants (ASUU) seven days to file a reply on point of law to the substantive application of the federal government (claimants).

The application, alongside affidavit in support, was served on ASUU and their lawyers since September last year, but they did not enter any defence, despite the seven days the court granted them last week to do so.

According the ministry, “when the matter came up today, the lead counsel to ASUU, Femi Falana, informed the court that they filed an appeal before the Court of Appeal, challenging its ruling on March 18, which validated the referral made by the Minister of Labour and Employment.”

Falana, said since they appealed the ruling, adding that the court should stay action on the matter, pending the determination of the appeal.
Responding, Justice Kanyip told Falana that by Rule 47 of NICN procedure, an appeal does not translate to stay of execution.

According to him, it would be better to give a bad judgment than to give a good judgment in delayed time in labour matters.
Kanyip accused Falana of trying to stall the case, knowing full well that the court ordered at the last hearing that all the parties would adopt written addresses at the next adjourned date (May 11).

On his own part, counsel to the federal government, Sen. Ita Enang, urged the court to disregard the notice of appeal by ASUU, since the record of the court stated that the parties were coming to adopt their written addresses.

Enang said since the suit was not being challenged, the court should enter judgment in favour of the federal government.
In his ruling, Justice Kanyip rejected the request by Falana for stay of proceedings and ordered that the matter should proceed.
Kanyip however noted that a case before the Court of Appeal was not for the court (NICN) to decide.

Making his final submission, Falana told the court to rely on its own records, the six issues raised for determination particularly issues five and six, pertaining to the legality of the ASUU strike, as well as exhibits and evidence in the determination of the matter.

He urged the court to look at the reliefs sought by the claimants, mainly of which, the court has granted. He told the court not to sit as an appellate court over its own decision.

After hearing the submissions of counsels in the matter, Justice Kanyip reserved judgment for May 30.