The Academic Staff Union of Universities, or ASUU, is currently on strike. The Federal Government filed an application with the National Industrial Court (NIC) asking for a court order ordering ASUU to end its strike.
After hearing the arguments made by the parties’ attorneys, Justice Polycarp Hamman postponed the case.
The Federal Government’s attorney, J.U.K. Igwe, told the court in his submission that the application for the injunction was dated September 12 and submitted on the same day.
Igwe further stated that the application was submitted in accordance with the NICN 2017 proceeding’s rules.
He added that it was supported by a 21-paragraph affidavit deposed to Mr. Okechukwu Wampa, a Legal Advisor in the Ministry of Labour and Employment, three exhibits, and an undertaking as to damages deposed to by Wampa. It was based on 11 grounds, he said.
Igwe urged the court to grant the prayer and then adopted the written address in its entirety and totality, stressing that the claimants had satisfied all criteria necessary for the court to grant the injunction.
In addition, he stated that the claimant’s actions were not prompted by fear. As for damages, he claimed that the seven months of strike time lost could not be made up.
Igwe argued that a worker should not go on strike while a case is already in court and urged the court to grant the injunction in accordance with section 18 (1) (e) of the Trade Disputes Act 2004.
A nine-paragraph counter-affidavit filed on September 16 and deposed by the president of ASUU, according to Mr. Femi Falana SAN, counsel for the defendant, was however presented to the court, according to Mr. Falana.