FG v ASUU: Court sets Judgment Date [Full Report]

The National Industrial Court has sets its ruling on the Federal Government’s action against the Academic Staff Union of Universities (ASUU) to Thursday 30 May.

In the lawsuit, the federal government is taking ASUU to court to resolve major claims made during ASUU’s eight-month strike in 2022.

When Sen. Ita Enan (R-D.) brought the case before Judge Benedict Kanip on Thursday, counsel for the plaintiffs informed the court that the case is slated for adoption of the written addresse.

However, counsel to the defendant, Femi Falana SAN, informed the court that he has filed a notice of appeal at the Court of Appeal.

Falana said he is contesting the court’s March 28 ruling that the Minister of Labor and Employment has the right to refer the case to the National Industrial Court.

He also asked for a stay of execution and a stay of proceedings pending the outcome of the Court of Appeal’s decision.

He also submits that the issue of appellate jurisdiction should be decided by the Court of Appeal as argued by Enang.

Enang urged the court to proceed with the case to adopt a written address that day. In its judgment, the court stated that time is of the essence in ensuring justice.

“In labour matters, it is better to make a wrong judgment quickly than to delay making the right judgment.”

In addition, the court determined that the authority relied on by the defense did not apply to the present case.

The court also referred to Section 47 of the NICN 2006 procedure and stated that an appeal does not constitute a stay of execution. The judge also said the defense showed a lack of seriousness by not entering a plea but choosing to apply for a stay.

The court also stated that the hearing of the case was postponed after various applications. Kanjip also stated that “the application for a stay of execution is denied and the matter will continue and be dealt with accordingly.”

The court therefore instructed the plaintiff’s lawyers to continue his written address. In response, the counsel urged the court to grant all claims because the defense did not contest the case or contest the failure to file a claim.

Falana urged the court to review his records, which contain his earlier statement of September 15, .2022

He argued that the uncontested affidavit set out his defence.
Therefore, the court adjourned the case till May 30 to pronounce its verdict. The News Agency of Nigeria (NAN) reported that the court adjourned a sister case in which ASUU is the plaintiff till June 21.

ASUU is seeking a court order for the Minister of Labor and Employment to accept the return of the annual financial statement

As counsel for the third defendant, the court had to remain in recess and Mr. Alex Akoya told the court that he had just intervened.

Akoya had requested a break to work on the document.

NAN also reported that the third court case involving both parties was also adjourned to June 21 for report of settlement/hearing.

The Minister of Labor and Employment and a registered trade union are the defendants in the lawsuit, in which ASUU is also the plaintiff.

Earlier, Farana informed the court that he submitted a request to transfer the case to the court’s Alternative Dispute Resolution Center (ADR).

Enang, however, responded that he was contesting the transfer because the claimant admitted that he had not submitted the annual accounts by the deadline.

He also withdrew the initial objection citing lack of jurisdiction. The court also granted Falan’s request to refer the case to ADR.

Approving the application, the court adjourned the case until June 21 for submission of the settlement/hearing report. (NAN)