September 16, (THEWILL) – The National Industrial Court of Nigeria, sitting in Abuja, has adjourned to September 19, 2022, for a hearing on a suit filed by the Federal Government against the Academic Staff Union of Universities (ASUU), over the ongoing nationwide strike by public Varsity Lecturers.
THEWILL earlier reported that the Federal Government had asked the court to order ASUU to suspend its strike, while it engages the union to address the dispute.
Justice Polycarp Hamman, on Monday, adjourned hearing on the case to Friday, September 16.
At the resumed sitting on Friday, counsel to the Federal Government, James Igwe (SAN), asked the court to give the suit an accelerated hearing due to the urgency of the matter to enable the students to return to school.
Igwe said going by the directive of the court on Monday, the claimant should file its process latest by Tuesday.
He added that the first one was a motion on notice dated and filed Monday, for an interlocutory injunction.
Igwe further stated that the claimant also filed on the same date an affidavit of facts in support of the referral sent by the Minister of Labour and Employment, adding that some questions were raised with a full complement of a written address.
He also submitted that the defendant had been served with proof of service before the court.
Femi Falana (SAN), counsel to ASUU, in response, acknowledged receiving the process from the claimant and stated that they were already filing their reply in the court’s registry.
Falana added that the Minister of Labour and Employment lacked the power to ask the court in his referral to order the defendant to go back to work.
He also informed the court that ASUU will be meeting stakeholders in the House of Representatives on September 20, to ensure that the matter is resolved.
Earlier, Ebuolu Adegoruwa SAN, counsel to Socio-Economic Rights and Accountability Project (SERAP), raised the issue of joinder and consolidation of the suit, citing section 36 of the 1999 constitution to a fair hearing
He submitted that the court should invoke the cited section in SERAP’s favour to be joined in the suit as a defendant and urged the court to take his application to that effect before entertaining any other application in the suite
Adegoruwa said relief 3 of their application is for a stay of further proceeding for the court to determine whether or not they will be a party in the suit.
He added that the process had been served on the claimant on Thursday.
He proceeded to seek to withdraw an earlier filed process dated Monday and sought to replace it with the one served on Thursday.
Igwe in response, objected to Adegoruwa’s application, stating that he was in receipt of the application he filed on Monday, which was served to them on Thursday, by 5 pm.
He also argued that it was the same application Adegoruwa was applying to withdraw.
He added that he had not received any process dated Thursday, as claimed by Adegoruwa.
Adegoruwa in response, stated that there was proof of service of the said application on the Attorney-general of the Federation on Thursday.
Falana said he was not objecting to Adegoruwa’s application seeking to be joined as a party in the suit and for the suit to be consolidated with the other one filed by SERAP as a claimant.
The court, after listening to the submissions of counsel, ruled that the application was not ripe to be taken as it was served at the Attorney-general’s office on Thursday.
The court in addition stated that the application for an interlocutory injunction will be taken first on September 19 by 11 am.
The judge, therefore, adjourned the matter until September 19, for hearing.
