ABUJA – The Court of Appeal, Abuja Division, will today deliver ruling in an application by the Academic Staff Union of Universities (ASUU) seeking permission to appeal against the order of the National Industrial Court which asked the striking lecturers to resume duty.
The industrial court had on September 21, granted an interlocutory order following an application to that effect by the Federal Government, ordering university lecturers to return to work pending the resolution of their dispute with government.
Miffed by the ruling, ASUU through its counsel, Femi Falana (SAN), headed to the appellate court to seek redress.
At the Appeal Court, ASUU filed an application dated September 28, seeking the leave of court to file an appeal against the industrial court order.
However, Falana had earlier withdrawn an application for stay of execution of the lower court’s interlocutory order.
Falana claimed that it is the right of ASUU to file an appeal against the interlocutory injunction because it was not in its favour.
Falana 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 ASUU counsel asked a three-man panel of the appellate court presided by Justice Hamma Barka to reject the Federal Government opposition to the application, arguing that it will amount to a dangerous decision for ASUU to be denied the right of appeal.
Reacting, counsel for the Federal Government, James Igwe (SAN), opposed ASUU’s application, and prayed the court to dismiss the entire application on grounds of incompetence and lack of jurisdiction.
The government’s lawyer informed the appellate panel that since the interlocutory injunction was made by the National Industrial Court on September 21, members of ASUU have not obeyed the court order.
Igwe opposed the decision of ASUU to withdraw the stay of execution, insisting that both parties have already joined issues in court.
Rather that withdrawing “an application that they know is defective, it is better for the court to hear the application and dismiss same since issues have been joined by parties”, Igwe posited.
He submitted that ASUU having been in contempt of court cannot come before the Court of Appeal with “unclean hands” to ask for a favour or attention of the court.
Specifically, he cited order 6 rule 4 of the Court of Appeal, adding that ASUU’s application was in breach of the order, for being incompetent and therefore should not be granted.
More so, the Federal Government lawyer argued that proper parties were not before the Appeal Court because the parties were wrongly and unlawfully listed against parties at the industrial court
“ASUU is in contempt of court, it is illegal for ASUU to remain on strike in the face of the industrial court order asking its members to resume work.
“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 submitted.
He, therefore, asked the panel to dismiss the request of ASUU for leave to appeal against the industrial court order that has not been obeyed.
After taking submissions, the presiding judge, Justice Barka Hamma, announced that the ruling of the court will be delivered today