On Wednesday, 21st September 2022, the National Industrial Court of Nigeria ordered the academic staff Union of Universities to call off Its ongoing seven months strike, which began on the 14th of February 2022.
James Igwe, counsel to the government, prayed the court for an interlocutory injunction restraining ASUU from taking further steps as regards the strike, pending the determination of the substantive suit.
Igwe said the suit was filed in the national interest, adding that the strike would result in irreparable damage to Nigerian students and the country.
The counsel had submitted that Section 18(1)E of the Trade Disputes Act provides that employees cannot be on strike when a matter is before the industrial court. Opposing the application, Femi Falana, counsel to ASUU, said asking the union to resume work is “wrong and scandalous.”
He said there would not have been a need to embark on any strike if the applicants had kept to various agreements and MOUs reached in the past.
He also said the injunction was unnecessary as there iswaso urgency since the strike lasted for seven months.
Polycarp Hamman, the judge, granted the request by Ruling on the application on Wednesday. He held that the strike is detrimental to public university students who cannot afford to attend private tertiary institutions.
He said the TDA mandates workers not to embark on strike once an issue has been referred to the industrial court.
“The balance of convenience tilts in favor of the applicant,” he held.
“I hold that this application is meritorious, and this application is granted.”
The court, therefore, restrained “ASUU, whether by themselves, members, agents, privies or howsoever called, from taking further steps and doing any act in continuance of the strike action pending the hearing and determination of the suit filed.”
The judge also refused to fine the federal government as demanded by ASUU.
source: thecable
