ASUU Strike: Courtroom to ship ruling in FG’s go well with Wednesday

The Nationwide Industrial Courtroom is to ship a ruling within the utility filed by the federal authorities in search of the order to direct the Educational Workers Union of Universities (ASUU) to name off its ongoing strike.

Justice Polycarp Hamman adjourned the matter after listening to the arguments of the counsel on behalf of the events.

J.U.Ok Igwe, SAN, counsel to FG, in his submission, had knowledgeable the court docket that the appliance for the injunction was dated September 12 and filed on the identical date.

Mr Igwe additional said that it was predicated on 11 grounds, supported by a 21-paragraph affidavit deposed to Okechukwu Wampa, a authorized adviser within the Ministry of Labour and Employment, connected with three reveals and an endeavor as to damages deposed to by Mr Wampa.

He additionally urged the court docket to grant the prayer sought and proceeded to undertake the written deal with in its entirety and totality, including that the claimants had met all the necessities to allow the court docket to grant the injunction.

He cited that claimant’s motion was not apprehensive, and concerning damages, he mentioned the misplaced time of seven months of the strike couldn’t be regained.

He concluded by saying that going by the availability of part 18 (1) (e) of the Commerce Disputes Act 2004, a employee mustn’t embark on strike when a matter is already earlier than the court docket and urged the court docket to grant the injunction.

Femi Falana, counsel to the defendant, said that he had earlier than the court docket a nine-paragraph counter-affidavit filed on September 16 by the president of ASUU.

Mr Falana, as well as, argued that the minister lacked the facility to order the court docket within the referral to direct ASUU to name off its strike.

He additionally identified that the claimants didn’t comply with due course of partially 1 of TDA 2004, which stipulated that solely a person has the correct to method the court docket as a commerce union will first must go to the Industrial Arbitration Panel ( IAP), earlier than coming to the court docket.

He mentioned the union may solely method the NICN to enchantment the choice of IAP.

Mr Falana additionally mentioned the letter that accompanied the referral had the title of the Legal professional-Normal as a celebration within the go well with, however the utility filed earlier than the court docket was with out the title.

He additionally mentioned the referral asking for an accelerated listening to was not vital as there was no urgency within the matter because the strike had lasted for seven months.

He additionally submitted that the stability of comfort was not on the facet of the claimants and that the conduct of the claimants within the prayer for the court docket to interpret the 2009 Settlement ought to be discountenanced.

He lastly urged the court docket to dismiss the appliance or direct events to the IAP.

In response, Mr Igwe submitted that the minister didn’t order the court docket and that the letter connected to the referral was not a authorized doc because the discover of referral outdated the letter.

Earlier, the court docket dominated in favour of the claimants when Mr Falana argued that the defendant’s preliminary objection to the court docket’s jurisdiction ought to be taken earlier than every other utility.

Nevertheless, Mr Igwe had argued that the court docket, in its determination on September 16, slated Monday for a listening to.

Mr Igwe, as well as, said that the defendant’s objection wouldn’t be prejudiced as it may be adopted and brought with the substantive at a later date.

He additionally argued that the preliminary objection was not ripe for listening to because it was simply served on him about 14 minutes earlier than the continuing was f the day.

The court docket had upheld Mr Igwe’s argument and directed counsel to proceed with the interlocutory injunction utility and the counter-affidavit to the identical.

The Minister of Labour and Employment, on behalf of the federal authorities, filed the matter earlier than the court docket by means of referral to resolve the problem of the continued strike by ASUU.

(NAN)