•Says out of court settlement not ruled out
•Union may file appeal today
Onyebuchi Ezigbo in Abuja
The federal government has directed the vice chancellors to reopen the universities in compliance with yesterday’s court order.
According to the government, nobody won or lost in the ruling of the National Industrial Court of Nigeria (NICN), ordering members of the striking Academic Staff Union of Universities (ASUU) to return to work, adding that all parties should respect the position of the Industrial Court in national interest.
The Minister of Labour and Employment, Senator Chris Ngige, said this while receiving members of the Nigerian Association of Medical and Dental Academics (NAMDA) in his office.
Ngige also assured that the court ruling does not preclude further negotiation between the federal government and the universities’ lecturers.
He said: “The ruling is in the best interest of the nation. It is a win-win situation for all of us- government, students, lecturers- all Nigerians indeed. I have just gotten the order of court asking ASUU to go back to work. It is a sound judgment.
“It is no victor, no vanquished. You doctors in academics are for now members of ASUU, but, you are here, even though you have dissociated yourself and you are working. We want to thank you for working and teaching your students.”
When reminded that ASUU was considering filing appeal against the court ruling, Ngige said such a move was not necessary, saying there was still a window to resolve the matter out of court.
However, in a statement credited to the Chairman of Lagos Zone of ASUU, Adelaja Odukoya, the union urged its members to remain calm.
He was quoted as saying that, “Our President, Comrade Victor Osodeke, has urged members of our great union to remain calm as there is no cause for alarm on the back to work order delivered earlier today.
“Our lawyer is filing an appeal and stay of execution of the judgment. Members should remain resolute and strong. A people united can never be defeated. Solidarity without compromise.”
Speaking on the development, Ngige said the court ruling, “does not preclude us from going on with further negotiation and consultations.”
“The pro-chancellors met Mr. President and made some demands, such as topping up government offer and seeing whether there could be some bailout. Mr. President said in considering it, he will consult stakeholders. So, he is going to consult everybody,” he added.
Ngige welcomed the intervention of the House of Representatives in the ASUU imbroglio, saying he was happy that the Speaker, Femi Gbajabiamila said they were going to meet the President.
He said the intervention was timely considering that the President must have also consulted some stakeholders, adding that whatever money to be put in would go into the 2023 appropriation where the National Assembly comes in.
“If they have shown interest now, it is good and wonderful. When they bring that proposal, the Executive will not have any problem. ASUU should also know that this is a step in the right direction. And all these things have been promised them by the Minister of Education at their last meeting with him. For me, they should do the needful and get back to classroom.”
He said the intervention was timely considering that the President must have also consulted some stakeholders, adding that whatever money to be put in would go into the 2023 appropriation where the National Assembly comes in.
He added: “If they have shown interest now, it is good and wonderful. When they bring that proposal, the Executive will not have any problem. ASUU should also know that this is a step in the right direction.
“And all these things have been promised them by the Minister of Education at their last meeting with him. For me, they should do the needful and get back to classroom.”
He said the government would order the vice chancellors to reopen the universities in compliance with the order of court.
ASUU has been on strike since February 14 to protest poor funding of education by the federal government as well as demand for improved welfare conditions amongst others.
After several failed attempts to get the striking lecturers back to work while negotiations continue, the government opted for the current court action and had prayed the court to compel ASUU to end the near seven months old strike in the interest of the nation and the Nigerian students who are suffering the most from the strike.
The Ministry of Transportation Labour and Productivity, had approached the industrial court to challenge the refusal of the striking lecturers to end the nearly seven months old strike, claiming that millions of students have been out of school since the university lecturers went on strike.
The complainant had also applied for an order of interlocutory injunction restraining ASUU from continuing with the strike since the matter was already in court.
However, responding to yesterday’s ruling, ASUU’s lawyer, Mr. Femi Falana stated that the union’s leadership is currently meeting with stakeholders to ensure an amicable resolution of all the thorny issues.
While he urged the federal government to cooperate with the stakeholders to ensure a lasting resolution of the dispute, Falana said neither a minister nor the president could wield such powers as to control a court of competent jurisdiction.
He therefore objected to the granting of the order, claiming that doing so was “wrong and scandalous.”
He further argued that the injunction was not necessary as there was no urgency since the strike had lasted for seven months.
Reacting to the National Industrial Court ruling, a legal practitioner, I.M Danjumma, said the order granted against ASUU was interlocutory that I’ll only last within the pendency of the main case between the parties involved.
According to him, the order granted against ASUU must be obeyed, even if such an order was perverse, until set aside by a competent court, that is a Court of Appeal.
“If ASUU choose to disobey the said order, the effect is that ASUU cannot be heard in the substantive case while still in disobedience. On this, see case of Barrister Orker Jev V. Sekav D. Iyortyom (2014) LPELR- 23000 (SC).
“However, ASUU has inherent right to appeal the ruling on the said order made against it. This must be explored within 14 days from today or by extension of time at expiration of the 14 days allows by law;
“ASUU also has right to apply for stay of today’s order pending the hearing and determination of its appeal. This principle can be deduced from the decision of Supreme Court in the case of C.C.B. (Nigeria) Plc. v A.-G., Anambra State (1992) 8 NWLR (Pt.261) 528.
“In the event ASUU opts to stay execution of the order and did not succeed, ASUU has no option than to obey today’s order pending determination of their appeal and failure to obey will have the effect as stated in paragraph 3 above,” he added.
