The National Industrial Court ordered Friday, Sept. 19, to rule on the federal government’s prayer and ask the court to order the Academic Staff Union of Universities to call off its seven-month strike.
The case first mentioned Monday was adjourned until Friday for further mention before Judge Polycarp Hamman.
When the case came up, Mr JUK Igwe, SAN, informed the court that under Monday’s directive that the plaintiff must file his lawsuit by Tuesday, they had filed two lawsuits.
He added that the first motion was on notice dated and filed Monday for a preliminary injunction.
Igwe further stated that the plaintiff also filed an affidavit on the same date in support of the referral sent by the Minister of Labor and Employment.
He also claimed that some questions were asked with a full complement of a written address, and argued that the defendant had been served with proof of service in court.
However, counsel said that at the time the court sat, he had not received a response from ASUU.
Igwe urged the court to consider the requests as they were ripe for consideration, stating that the matter is of national importance and urgent as millions of students have been home since February 14.
Mr. Femi Falana, SAN, the counsel for ASUU, acknowledged in response that he had received the lawsuit from the plaintiff and stated that they had already filed their response in the court registry.
Falana added that the Minister of Labor and Employment did not have the power to request the court in his referral to order the defendant to return to work.
He also informed the court that ASUU will meet with stakeholders in the House of Representatives on September 20 to ensure the issue is resolved.
Earlier, Mr. Ebun-Olu Adegoruwa, SAN, counsel for the Socio-Economic Rights and Accountability Project, had raised the issue of merging and consolidating the lawsuit, citing Section 36 of the 1999 Constitution for a fair process.
He argued that the court should invoke the cited section in favor of SERAP to join the lawsuit as a defendant and urged the court to make his request to do so before considering another petition in the lawsuit. to take.
Adegoruwa said relief 3 of their request to suspend further proceedings before the court to determine whether or not they will be a party to the lawsuit.
He added that the trial had been served on the plaintiff on Thursday.
He went on to withdraw a previously filed Monday trial and sought to replace it with the trial served on Thursday.
In response, Igwe objected to Adegoruwa’s application, stating that he had received the application he had submitted on Monday and had been served on them at 5 p.m. on Thursday.
He also argued that it was the same request that Adegoruwa had made to withdraw.
He added that he had not received a trial on Thursday, as alleged by Adegoruwa.
Adegoruwa stated in response that there was proof of service of the said application to the Attorney General of the Federation on Thursday.
Falana said he had no objection to Adegoruwa’s application to be joined as a party in the lawsuit and to consolidate the lawsuit with the other filed by SERAP as plaintiff.
The court, after listening to counsel’s submissions, ruled that the request was not ripe for consideration as it was served at the attorney general’s office on Thursday.
The court also states that the request for provisional relief will not be heard until September 19 at 11 a.m.
The judge therefore postponed the case until September 19 for a hearing.
The Nigeria news agency reports that the Minister of Labor and Employment on behalf of the federal government filed the case in court through a referral to resolve the issue of ASUU’s ongoing strike. (NAN).