The Court of Appeal in Abuja has adjourned its ruling on an application filed by the Academic Staff Union of Universities, ASUU, to stay the execution of the National Industrial Court, NIC, ruling that ordered an end to its ongoing strike action until Friday.
The appellate court’s three-member panel, led by Justice Hamma Barka, said it would also consider the merits of ASUU’s request for leave to file a comprehensive appeal to overturn the NIC ruling.
The counsel that represented ASUU in the matter, Mr Femi Falana, SAN, had after the case was called up, notified the appellate court that his client filed an application for permission to formally lodge an appeal against the interim injunction that directed the striking varsity lecturers to return to the classroom.
Though ASUU earlier filed its proposed 14-ground of appeal, however, its lawyer, Falana, SAN, noted that going by the provisions of section 243 (3) of 1999, as amended, leave of the appellate court would be required for a such appeal to gain validity.
ASUU maintained that its proposed appeal against the NIC order was based on “grounds of law and on grounds bordering on fundamental human rights”.
Falana urged the appellate court to accede to ASUU’s request to enable it to challenge the order he said occasioned a grave miscarriage of justice against the aggrieved varsity lecturers.
“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.
Besides, he said his client was willing to withdraw the application for a stay of execution so as to expedite the hearing and determination matter.
Meanwhile, on his part, FG’s lawyer, Mr James Igwe, SAN, said he was opposed to ASUU’s application, even as he urged the appellate court to dismiss it for want of competence and jurisdiction.
FG’s lawyer drew the attention of the court to the fact that the striking lecturers were yet to obey the order of the industrial court that was made on September 21.
He argued that ASUU, being in contempt of a subsisting court order, could not seek any favourable decision from the appellate court.
“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. “