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The Academic Staff Union of Universities (ASUU) has said there was no cause for alarm over the back-to-work judgment of the National Industrial Court of Nigeria (NICN) and asked its members to remain calm.

Justice Polycarp Hamman gave the order in his ruling on a suit filed by the Federal Government seeking an order for ASUU to call off its seven months strike.

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He said he was invoking section 18 the Trade Dispute Act, which allows the court to order an end to strike when national interest is at stake.

Justice Hamman held that the application was meritorious and deserved to be granted by the court.

The court dismissed the objections raised against the suit by ASUU on grounds that the strike action was detrimental to public university students that cannot afford to attend private tertiary institutions.

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“The balance of convenience tilts in favour of the applicant. I hold that this application is meritorious and this application is granted”, Justice Hamman ruled.

The court, thereafter, issued an order, restraining ASUU, “whether by themselves, members, agents, privies or howsoever called, from taking further steps and doing any act in continuance of the strike action, pending the hearing and determination of the suit filed.”

The Federal Government had through the Minister of Labour and Employment Dr.Chris Ngige filed the suit by way of referral to resolve the issue of the ongoing strike by ASUU.

Counsel to the Federal Government, Mr James Igwe, SAN, counsel to FG in his submission had informed the court that the application for the injunction was dated September 12 and filed same date.

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Igwe added that the application was brought in pursuant to the rules of the NICN 2017 proceeding.

But ASUU, in a statement by the Lagos Zonal Coordinator, Dr. Adelaja Odukoya, quoted the National President, Prof. Emmanuel Osodeke, as saying, “our lawyer is filing an appeal and stay of execution of the judgment.”

The statement titled: “NICN back to work order on ASUU: Be calm”, Prof. Osodeke urged members of the union to remain calm as there is no cause for alarm on the back-to-work order delivered earlier today (yesterday).

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“Members should remain resolute and strong. A people united can never be defeated. Solidarity without compromise,’’ he stated.

No winner, no vanquished -FG

The Federal Government has declared that nobody won or lost in the ruling.

Minister of Labour and Employment, Senator Chris Ngige, made the declaration hen he received members of the Nigerian Association of Medical and Dental Academics (NAMDA) in his office.

Ruling doesn’t end negotiations

He also assured that the court ruling does not preclude further negotiation between the Federal Government and ASUU.

“The ruling is in the best interest of the nation. It is a win-win situation for all of us- government, students, lecturers- all Nigerians indeed. I have just gotten the order of court asking ASUU to go back to work.It is a sound judgment. It is no victor, no vanquished. You doctors in academics are for now members of ASUU, but, you are here, even though you have dissociated yourself and you are working. We want to thank you for working and teaching your students.

“The court ruling does not preclude us from going on with further negotiation and consultations. The pro-chancellors met Mr. President and made some demands, such as topping up government offer and seeing whether there could be some bailout. Mr. President said in considering it, he will consult stakeholders. So, he is going to consult everybody.”

Hails Reps’ intervention

Ngige commended the House of Representatives, saying he was happy the Speaker, Femi Gbajabiamila, said they were going to meet the president. He said the intervention was timely considering that the president must have also consulted some stakeholders, adding that whatever money to be put in would go into the 2023 appropriation where the National Assembly comes in.

“If they have shown interest now, it is good and wonderful. When they bring that proposal, the Executive will not have any problem. ASUU should also know that this is a step in the right direction. And all these things have been promised them by the Minister of Education at their last meeting with him. For me, they should do the needful and get back to classroom.”

He added that the government would order the vice chancellors to reopen the universities in compliance with the order of court.

Reopen varsities, CONUA tells VCs

The Congress of University Academics (CONUA) has asked vice chancellors of public universities to re-open the institutions and commence academic activities in line with the judgment.

A statement by the National Coordinator, Dr. Niyi Sunmonu, said: “This becomes imperative as the court is one of the recognised tools of democratic engagement in the country. Since CONUA members have not been on strike, re-opening the universities will make it possible to duly continue work, stem the restlessness among the students who have had their studies interrupted and facilitate the restoration of peace to the nation.”

Black market judgment -NANS

The National Association of Nigerian Students (NANS) has described the NICN ruling as black market judgment.

According to the National Public Relations Officer of NANS, Giwa Temitope, yesterday, the judgment betrayed equity because the Federal Government should not have dragged ASUU before the industrial court ab initio.

He explained that the only solution to the strike is for government to meet the demands of the union, which they willingly entered into.

“The court could have said that the Federal Government should go and pay rather than say that lecturers who are on strike should go back to classrooms.

“We were expecting the court to have understood that lecturers are on contract of personal service hence they cannot be compelled to render a service they don’t want to render. The only remedy to this action is for the Federal Government to accede to the demands of ASUU which the government willingly entered into with them and properly fund education, ” Temitope stated.

APC lauds NICN

In its reaction, the All Progressives Congress (APC) commended the judgement.

In a statement by the National Vice Chairman (North-West), Salihu Moh. Lukman, insisted that every step must be taken to enforce the judgement of Justice Hamman, lamenting that the last seven months have been traumatic for parents and innocent students.

“The NIC judgment is a vindication of the position I expressed last year when NLC National leadership organised a so-called one-week warning strike against Kaduna State government and Resident Doctors led by National Association of Resident Doctors (NARD) were also on strike, at the same time. Faced with clearly avoidable strikes.

“Imaging that processes of mediation, conciliation and compulsory adjudication by Ministry of Labour as provided under the Trade Dispute Act immediately ASUU served notice of strike. Certainly, a judgement by either Industrial Arbitration Panel (IAP) and NIC would have been obtained before the commencement of the strike.

“Sadly, here we are, the same judgement that would have been delivered before the strike commenced on February 14 is only obtained about seven months into the strike.

“Better late than never. However, the demand must be made clearly, never again should Ministry of Labour abdicate from its responsibility of arresting strikes based on ability to activate processes of mediation, conciliation and compulsory adjudication.

“The Ministry of Labour must be reformed to discharge these functions effectively and efficiently. Democracy is about rule of law. At all times, laws must be activated to regulate conducts of citizens and government officials. “Every step must be taken to enforce the judgement of Justice Hamman. The last seven months have been traumatic for parents and innocent students. Everything must be done to bring to immediate end the sufferings and hardships being inflicted by the seven months strike,” he said.

On what to do with the salary arrears, he said: “The debate about whether government should pay ASUU members for the seven months they are on strike should be treated based on the provisions of their employment contract. Anything to the contrary will amount to encouraging ASUU, and by extension other unions to engage processes of collective bargaining based on blackmail antics and show of crude power. This must be discouraged.

Students to disrupt political campaigns, if…

Students under the aegis of NANS have vowed to shut down the country in protest and disrupt political campaigns, if Federal Government failed to accede to the demands of ASUU within two weeks.

The students gave the ultimatum at a press conference addressed by the Chairman of NANS National Taskforce on #EndASUUStrikeNow, Ojo Raymond, in Abeokuta, Ogun State.

The students had in separate protests grounded activities on the major highways in the country in the past one week, including the Murtala Muhammed International Airport in Lagos, on Monday in protests against the ASUU strike.

The fresh threat is coming even as political parties are preparing for the commencement of election campaigns next week, ahead of the 2023 general elections.

NANS reiterated that students would unleash their anger and frustration on the Federal government until public universities were reopened.

“The leadership of National Association of Nigerian Students (NANS) will continue to ground all the nation public assets from roads to airports, including Nigeria Ports Authority if the Federal Government through the Federal Ministry of Education and the Federal Ministry of Labour fail to resolve with the leadership of the Academic Staff Union of Universities (ASUU) in no distant time.

“Our blocking of access to public roads and ports is just a warning. If the government fails to conclude all the negotiation and agreement with ASUU within the frame of two weeks, they will witness more protests and rallies all over the country.

“They will also witness the annoyance, anger and frustration of Nigerian students who have been at home for the past seven months. As we promise them that we will not allow any political campaign to hold across the country until we are back to class.

“This government has pushed so many students into depression. We say enough is enough; we can no longer bear the brunt from this avoidable crisis in our nation public ivory towers again”, Ojo said.

He called on Nigerians to join in their struggle for the rescue of tertiary education from collapse.

(Sun)