FG vs ASUU Update: Appeal Court Rulling

The Court of Appeal sitting in Abuja has postponed judgement on an application made by the Academic Staff Union of Universities, ASUU, to delay the implementation of the ruling of the National Industrial Court, NIC, which ordered the union to cease its ongoing strike action till Friday.Infomation Guide Nigeria

A three-member panel of the appellate court, presided over by Justice Hamma Barka, stated that it would also evaluate the merits of ASUU’s request for permission to pursue a complete appeal to overturn the NIC verdict.

Mr. Femi Falana, SAN, who represented ASUU in the case, informed the appellate court that his client had filed an application for permission to formally launch an appeal against the interim injunction that ordered the striking university professors to return to the classroom.

Despite the fact that ASUU had already filed its proposed fourteen grounds of appeal, its attorney, Falana, SAN, highlighted that according to section 243 (3) of 1999, as amended, leave of the appellate court would be required for such an appeal to be successful.

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ASUU asserted that its proposed appeal against the NIC order was founded on “legal and human rights-related grounds.”

Falana urged the appeal court to grant ASUU’s request to contest the order, which he claimed was a major miscarriage of justice against the disgruntled university professors.

“This honourable court should not shut out the Appellant and thousands of its members desirous of ventilating their grievances pursuant to section 6 (6) (b) and 36 (1) of the 1999 Constitution, as amended”, Falana pleaded.

Moreover, he stated that his client was willing to withdraw the request for a stay of execution in order to accelerate the hearing and determination process.

FG’s attorney, Mr. James Igwe, SAN, opposed ASUU’s plea and urged the appellate court to reject it for lack of competence and authority.

The attorney for FG called the court’s attention to the fact that the striking professors had not yet complied with the industrial court’s September 21 order.

He maintained that ASUU, as a party in contempt of an existing court order, could not seek a favourable ruling from the appeal court.Jamb Result

“As of today, ASUU is in contempt of court. It is illegal for ASUU to remain on strike in the face of the industrial court order. “

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