ASUU asks appeal court to stay order on strike end

ASUU asks appeal court to stay order on strike end
The National Industrial Court (NIC) ordered the Academic Staff Union of Universities (ASUU) to halt its ongoing strike as of February 14. The ASUU has petitioned the Court of Appeal in Abuja to put a hold on the execution of that judgement.

The request was made in a plea for leave to appeal that ASUU's attorneys submitted to the Court of Appeal on Friday.

ASUU further requests permission to appeal the judgement made by Justice Polycarp Hamman on September 21 in the motion on notice submitted in accordance with Sections 6(6)(b), 36(1), and 243(3) of the Constitution and Order 6 Rules 1 of the Court of Appeal Rules 2021.

In the motion, accompanied with a 14-ground proposed notice of appeal, ASUU stated that it’s decision to apply for permission to appeal the NIC’s ruling was in compliance with the court’s rules, which request ought to be granted.

It stated among the grounds for filing the motion for leave to appeal, that it was, by virtue of Section 243 [3] of the 1999 Constitution, required to seek the leave of the appellate court to appeal against the decision by the NIC.

“The applicant is bringing this appeal both on grounds of law and on grounds bothering on fundamental human tights.

‘Applicant’s counsel out of the abundance of caution, has brought this application to obviate any doubt associated with the nature of the appeal.

‘The applicant is still within time to bring this application for leave.

“This honourable court should not shut out the defendant and thousands of Its members desirous of ventilating their grievances pursuant to Sections 6 [6] [b] and 36 [1]} of the 1999 Constitution.

“The ruling of the court, per Honourable Justice P.I. Hamman in SUIT NO: NICN/ABJ/270/2022 between FEDERAL GOVERNMNT OF NIGERIA & 1 OR. VS ACADEMIC STAFF UNION OF UNIVERSITIES delivered on the 21th day of September, 2022 affects the fundamental rights of the applicant and its members to fair hearing, inter alia and it would be in the interest of justice to stay the execution of same pending the hearing and determination of the appeal arising thereto.”

In the proposed notice of appeal, ASUU wants the appellate court to among others, set aside the September 21 ruling of the NIC.

It is contending that the trial judge erred in law when he ordered the striking teachers to resume work with the dispute yet to be resolved.

In the first group of appeal, ASUU stated that “the trial judge erred in law and thereby occasioned a miscarriage of justice when he decided to hear and determine the respondents’ (Federal Government ‘s) motion for interlocutory injunction when he knew or ought to have known that the substantive suit filed by the claimant was not initiated by due process of law.

In another ground ASUU argued that Justice Hamman “erred in law and thereby occasioned a miscarriage of justice when he granted the respondents’ application for interlocutory injunction pending the determination of the substantive suit on the basis of the incurably defective referral filed on September 8, 2022.

“A court is bound to resolve issues surrounding the competence and validity of an initiating process before proceeding to grant reliefs in an application emanating therefrom.

“It was established before the learned trial court that the referral was incurably defective and bad and thus ought to be discountenanced as the learned trial court had no business assuming jurisdiction.”
Chima Ugo is a patriotic Nigerian, a journalist, blogger and singer who is so much interested in the internet, journalism, and blogging and have been for half a decade.