Lingering Industrial Strike Court To Deliver Ruling In FGs prayer To End ASUU Actions

The Abuja National Industrial Court is set to deliver ruling in an application filled by the Federal Governments application seeking the order of court to direct the Academic Staff Union of Universities (ASUU) to call off its ongoing strike in public Universities.



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





Mr J.U.K Igwe, SAN, counsel to FG in his submission had informed the court that the application for the injunction was dated Sept. 12 and filed same date.



He added that the application was brought in pursuant to the rules of the NICN 2017 proceeding.



Igwe further stated that it was predicated on 11 ground, supported by 21 paragraph affidavit deposed to Mr Okechukwu Wampa, a Legal Adviser in the Ministry of Labour and Employment , attached with three exhibits and an undertaking as to damages deposed to by Wampa.





He also urged the court to grant the prayer sought and proceeded to adopt in its entirety and totality the written address, adding that the claimants had met all the requirements to enable the court grant the injunction



He cited that claimant's action was not apprehensive and 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 2004, that a worker should not embark on strike when a matter is already before the court, urged the court to grant the injunction.





Mr Femi Falana SAN, counsel to the defendant stated that he had before the court a nine paragraph counter-affidavit filed on Sept. 16 deposed to by the president of ASUU



He further submitted that attached to the affidavit was eight exhibits accompanied by a written address and proceeded to adopt same as their argument in opposition to the interlocutory injunction.



Falana in addition argued that the minister lacked the power to order the court in the referral to direct ASUU to call off its strike.





He averred further that once a referral was before a court, no party could go outside of it.