The National Industrial Court (NICN) is to deliver a ruling in an application filed by the federal government seeking an order of the court to direct the Academic Staff Union of Universities (ASUU) to call off its ongoing strike.
Justice Polycarp Hamman adjourned the matter after listening to the arguments of the counsel on behalf of the parties.
J.U.K Igwe, counsel to the federal government, in his submission, informed the court that the application for the injunction was dated 12 September and filed on the same date.
He added that the application was brought in pursuant to the rules of the NICN.
Mr Igwe further stated that it was predicated on 11 grounds and supported by a 21-paragraph affidavit deposed to by Okechukwu Wampa, a legal adviser in the Ministry of Labour and Employment. Attached to it were three exhibits and an undertaking deposed to by Mr Wampa, the lawyer said.
He also urged the court to grant the prayer sought and proceeded to adopt in its entirety the written address. He added that the claimants had met all the requirements to enable the court to grant the injunction.
He said the claimant’s action was not ‘apprehensive.’ Regarding damages, he said the lost time of seven months of the strike could not be regained.
He concluded by saying that going by the provision of Section 18 (1) (e) of the Trade Disputes Act (TDA) 2004, which states that a worker should not embark on strike when a matter is already before the court, the court should grant the injunction.
ASUU opposes injunction
Femi Falana, counsel to the defendant, stated that he had before the court a nine-paragraph counter-affidavit filed on 16 September and deposed to by the president of ASUU.
He added that attached to the affidavit were eight exhibits accompanied by a written address. He adopted the same as his argument in opposition to the interlocutory injunction.
Mr Falana also argued that the minister lacked the power to order the court in the referral to direct ASUU to call off its strike.
He said that once a referral was before a court, no party could go outside of it.
Mr Falana in his argument also pointed out that the claimants did not follow due process in part 1 of TDA 2004 that stipulated that only an individual has the right to approach the court as a trade union will first need to go to the Industrial Arbitration Panel (IAP), before coming to the court.
He said a union can only approach the NICN to appeal the decision of IAP.
Mr Falana also said that the letter that accompanied the referral had the name of the Attorney-General of the Federation as a party in the suit, but the application filed before the court was without the name.
He also said the referral asking for an accelerated hearing was not necessary as there was no urgency in the matter as the strike had lasted for seven months.
He said the balance of convenience was not on the side of the claimants and that the conduct of the claimants in the prayer for the court to interpret the 2009 Agreement should be discountenanced.
He finally urged the court to dismiss the application or direct parties to the IAP.
Mr Igwe in response submitted that the minister did not order the court and that the letter attached to the referral was not a legal document as the notice of referral superseded the letter.
The News Agency of Nigeria ( NAN) reports that earlier, the court had ruled in favour of the claimants after Mr Falana had argued that the defendant’s preliminary objection over the jurisdiction of the court should be taken before any other application.
However, Mr Igwe had argued that the court in its decision on 16 September slated Monday for a hearing.
Mr Igwe in addition stated that the defendant’s objection will not be prejudiced as it can be adopted and taken with the substantive matter at a later date.
He also argued that the preliminary objection was not ripe for hearing as it was just served on him about 14 minutes before the proceeding for the day.
The court had upheld Mr Igwe’s argument and directed counsel to proceed with the application for an interlocutory injunction and the counter-affidavit opposing the application.
NAN also 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 issue of the ongoing strike by ASUU.
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