The National Industrial Court sitting in Abuja has reserved ruling till Wednesday September 21 in the an application filled by the Federal Government seeking the court to direct the Academic Staff Union of Universities, ASUU, to call off its ongoing strike.
The Minister of Labour and Employment on behalf of the Federal Government had filed the matter before the court by way of referral to resolve the issue of the ongoing strike by ASUU.
Justice Polycarp Hamman adjourned the matter after listening to the arguments of the counsel on behalf of the parties.
J.U.K Igwe, SAN, counsel to FG urged the court to grant the prayer sought and proceeded to adopt in its entirety and totality the written address, adding that the claimants had met all the requirements to enable the court grant the injunction.
He cited that claimant’s action was not apprehensive and regarding damages, he said the lost time of seven months of the strike could not be regained.
He concluded by saying that going by the provision of section 18 (1) (e) of the Trade Disputes Act 2004, that a worker should not embark on strike when a matter is already before the court, urged the court to grant the injunction.
Femi Falana SAN, counsel to the defendant stated that he had before the court a nine paragraph counter-affidavit filed on Sept. 16 deposed to by the president of ASUU. Mr Falana in addition argued that the minister lacked the power to order the court in the referral to direct ASUU to call off its strike.
He averred further that once a referral was before a court, no party could go outside of it.
Mr Falana in his argument also pointed out that the claimants did not follow due process in part 1 of TDA 2004 that stipulated that only an individual has the right to approach the court as a trade union will first need to go to Industrial Arbitration Panel, IAP, before coming to the court. NAN
