The Federal government’s lawsuit against the Academic Staff Union of Universities was postponed by the National Industrial Court on Tuesday until a judgement on March 28.
In August 2022, the Federal Government and the Minister of Education filed a lawsuit against ASUU seeking an interpretation and execution of a Trade Dispute Act about the strike that was going on at the time.
Tuesday was the day the defendant’s preliminary objection was heard in the case before the court’s president, Judge Benedict Kanyip.
However, when the case was called, the defense attorney, Mr. Femi Falana, SAN, informed the court that an internet problem prevented him from filing his Reply on Point of Law on Monday at the court’s registry.
He consequently requested permission from the court for a brief adjournment. In response, the judge postponed the case until 1 p.m. to give the attorney time to properly file his paperwork and serve the claimants’ attorneys.
When the court reconvened, Falana requested that his motion, dated and submitted on September 19, 2022, seeking an extension of time and recognition of his Tuesday-filed Reply on Point of Law as correctly filed, be accepted.
He continued by informing the court that his preliminary objection was based on the court’s jurisdiction and that he was relying on TDA order 3 rule 6 to claim that the Ministry of Labour and Employment did not follow due procedure before referring the case to the court.
He claimed that the proper procedures for reconciliation had not been followed and that the Minister may go to court if the Trade Union sides were unable to agree.
In response to Falana’s submission, the attorney for the FG and Minister of Education, J.U.K. Igwe, SAN, said that Falana’s response, which he received five minutes before the court’s sitting, was on a reply of facts rather than on law.
He added that the complaint might be heard by the National Industrial Court, which has exclusive jurisdiction over industrial matters.
Igwe said that because order 3 rule 6 of the TDA gave the minister the authority to send the matter to NICN, the minister did not behave out of the ordinary.
The subject, he continued, was also important to the country. He finished by requesting that the court overrule the defense attorney’s objection.
As a result, the judge postponed making a decision until March 28.
The Minister of Labor and Employment brought the case before the court on behalf of the Federal government, asking the judge to interpret particular TDA provisions and decide the strike’s legality.
On September 21, 2022, the court issued a directive for the defendant to call off its strike and resume work.
After making a decision on the temporary injunction, the vacation judge who had been presiding over the case returned the file to the court’s president for reassignment for the hearing of the substantive suit.
