Femi Falana, human rights lawyer and senior advocate of
Nigeria (SAN), says the national industrial court does not have jurisdiction to
rule on the case between the federal government and the Academic Staff Union of
Universities (ASUU).
After seven months of strike by the union to press home the
demand for improved funding for universities, and a review of salaries for
lecturers, among other issues, the federal government went to court to
challenge the action.
On Wednesday, Polycarp Hamman, the judge in the NIC, granted
the federal government’s application for an interlocutory injunction to
restrain ASUU from continuing with the strike.
Reacting to this development on Sunrise Daily, a Channels
Television programme, on Friday, Falana said this is the first time a case of
such nature would be brought before the industrial court.
He said due process was not considered and taken by the
federal government before filing the case before the industrial court.
“This is the first time in the history of that court that we
have been told that the minister can refer a case to the national industrial
court without going through the Industrial Arbitration Panel (IAP),” he said.
“Because the NIC under the current labour law regime in
Nigeria is an appellate chamber of the AIP. So, it is an appellate court. It is
only when individuals are sacked that you want to challenge your employer or
there are intra or inter-union disputes that you approach the national
industrial court.
“There must be
meditation, conciliation and arbitration under the law.
“[It was wrong to approach the court] we tried to explain to
the court, and the court said they would look at that later.
“We made clear to the court and submitted more than six
cases where the same court as warned the minister consistently that you cannot
come here without originating your case in the IAP if it relates to trade
disputes.
“The court so found that this is a trade dispute, and that
there was no reference to the IAP, but the court in its wisdom decided to
intervene, and the only way you can show your dissatisfaction is to approach
the appeal court which ASUU has decided to do.”
Shortly after the judgment, Falana, who is the counsel to
ASUU in the case, said the ruling will be appealed, and that ASUU is going to
seek a stay of execution.
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