Court Orders ASUU To Call Off Seven-Months Strike

The National Industrial Court of Nigeria (NICN) has ordered the Academic Staff Union of Universities (ASUU) to call off its ongoing nationwide strike.

Court Rules On ASUU Strike

KanyiDaily recalls that ASUU had embarked on a warning strike since February 14, 2022, over the failure of the federal government to meet its demands.

Amid the strike, the government and the union have held a series of meetings, but both sides have reached no agreement on ending the seven-month-old strike.

Consequently, the federal government through its lead counsel, James Igwe, sought a court order to restrain the ASUU from further continuing with the ongoing nationwide strike.

He asked 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 national interest, adding that the strike will result in irreparable damage to Nigerian students and to 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 not necessary as there is no urgency since the strike had lasted for seven months.

Ruling on the application on Wednesday, September 21, the judge, Polycarp Hamman granted the application, saying that the strike is detrimental to public university students who cannot afford to attend private tertiary institutions.

Hamman 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 favour of the applicant. I hold that this application is meritorious and this application is granted,” he held.

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.

This comes two days after the National Association of Nigerian Students (NANS) staged a protest at the Lagos Airport against the prolonged ASUU strike.