The Court of Appeal in Abuja, Nigeria is to deliver ruling on Friday October 7th, in an application by the striking Academic Staff Union of Universities ASUU, seeking permission to appeal against the Industrial Court order.
The industrial court had on September 21 granted interlocutory order in favour of the Nigerian government ordering the university lecturers to resume work pending the resolution of their dispute with government.
Dissatisfied with the lower court order, ASUU through it’s counsel Femi Falana SAN, filed an application at the Court of Appeal in Abuja seeking the leave (permission) to file an appeal against the Industrial Court order.
Falana argued that it is the right of his client to file an appeal against the interlocutory injunction stating that the judgement is against the Union.
He cited several authorities to the effect that ASUU, must first seek and obtain leave of the Court of Appeal before filing notice of appeal so as to ensure validity of the appeal.
The Senior Advocate of Nigeria informed a three man panel of the appellate court headed by Hamma Barka to reject government opposition against the application.
He added that it would amount to a dangerous decision for his client to be denied the right of appeal.
Stay of execution
Earlier Falana had requested that the stay of execution of the ruling of the Industrial Court contained in the application should be discountenance.
However, in an opposition to ASUU’s application, the Nigerian government, prayed the appellate court to dismiss the entire application on grounds of incompetence and jurisdiction.
The counsel to Nigerian government, James Igwe, SAN, drew the attention of the court to the fact that the industrial court order made September 21 has not been obeyed by the lecturers till date.
Igwe opposed the decision of ASUU to petition stay of execution adding that both parties have already joined issues.
The senior lawyer argued that ASUU having been in contempt of court cannot come before the court of appeal with an unclean hand to ask for favour or attention of the court.
Specifically, he cited order 6 rule 4 of the court of appeal, adding that ASUU’s application is in bridge of the order, thereby incompetent and should not be granted.
Similarly Igwe argued that proper parties were not before the court because the parties were wrongly and unlawfully listed against the parties at the industrial court.
According to Igwe, “As at today, ASUU is in contempt of court, it is illegal for ASUU to remain on strike in the face of the industrial court order. Section 18(1) of the trade dispute act does not allow a party in contempt to come before court of appeal with the type of ASUU’s application”.
Igwe therefore prayed the court of appeal to dismiss the request of ASUU for leave to appeal against the Industrial Court order that has not been obeyed.
Justice Hamma Barka after taking argument from the two parties announced that the decision of the court would be delivered on October 7.
Emmanuel Ukoh
