ASUU Appeals Court Order To Suspend Strike, Says Judge Erred In Law

The Academic Staff Union of University, ASUU has appealed the National Industrial Court ruling which ordered it to suspend its eight months industrial action which began on February 14.

The notice of appeal was made available to our correspondent on Friday by Abubakar Marshal, a lawyer in the Falana & Falana Chambers, the appellant’s lawyer.

Reliefs sought from the Court of Appeal are: an order allowing the appeal, an order setting aside the ruling of the National Industrial Court delivered on 21st day of September 2022 per Justice P.I.Hamman (vacation judge) and such further orders as the court deems fit.”

Recall that the NIC judge, Justice Hamman, had agreed with the federal government that the ongoing strike inflicted irreparable damage on students and could affect their employability based on age.

Dissatisfied with the decision, Femi Falana SAN appealed the ruling.

In the court documents, ASUU explained fourteen grounds with associated particulars of error by the lower court judge.

The appellant stated that there was no evidence before the lower court about the age of the innocent students being denied the opportunity to complete their studies, describing the judge’s observation as based on hearsay.

They further argued that the lower court did not exercise its discretion judicially and judiciously.

The union contended that the judge erred when he held that the strike was an infringement of the rights of the federal government, the owner of federal tertiary institutions.

The union urged the appellate court to grant the appeal.