The National Industrial Court has adjourned ruling on the application for an interlocutory injunction filed by the Federal Government against the Academic Staff Union of Universities (ASUU).
Justice Hamman on Wednesday adjourned to September 21 to rule on the application after taking arguments and submissions.
The FG had taken ASUU to court seeking an order to restrain the union from continuing with its ongoing strike “pending the hearing and determination of substantive suit.”
What happened in court
At the resumed hearing, FG’s counsel, James Igwe, told the court that the application for interlocutory injunction was brought pursuant to the rules of the NICN 2017 proceeding and predicated on 11 grounds.
- While adopting the application in its totality, he prayed the court to grant the prayers sought by his client
as they had met all the requirements to enable the court to grant the injunction - He said going by the provision of section 18 (1) (e) of the Trade Disputes Act 2004, a worker should not embark on strike when a matter is already before the court, urging the court to grant the injunction.
- Mr Femi Falana SAN, counsel to ASUU in opposition to the interlocutory injunction, argued that the minister lacked the power to order the court in the referral to direct ASUU to call off its strike.
- He noted that once a referral was before a court, no party could go outside it.
- He contended that FG did not follow due process in part 1 of TDA 2004 which stipulates that an individual has no right to approach the court as a trade union except it first goes to the Industrial Arbitration Panel before coming to the court.
- Pointing out some irregularities in FG’s processes, Mr Falana said the name of the Attorney General accompanied the Minister’s referral letter as a party in the suit however, the application filed before the court was without the name of the AGF.
- He noted that a referral asking for an accelerated hearing was not necessary as there was no urgency in the matter since the strike has lasted for seven months.
- He urged the court to discountenance the prayer of the claimant seeking interpretation of the 2009 agreement as the balance of convenience was not on the side of the claimant.
- The senior lawyer prayed the court to direct the parties to go to the Industrial Arbitration Panel or dismiss the application.
After listening to the arguments from parties in the suit, Justice Polycarp Hamman adjourned the matter till Wednesday, September 21 for ruling on the interlocutory injunction by FG.
