As students under the aegis of the National Association of Nigerian Students (NANS) stormed the Murtala Mohammed International Airport in protest against the continued nationwide lecturers’ strike on Monday morning, the ruling has been set for Wednesday on whether lecturers should return to the classrooms.
The National Industrial Court will deliver its ruling in an application filed by the Federal Government seeking a court order to direct the Academic Staff Union of Universities (ASUU) to call off its ongoing strike on Wednesday.
Justice Polycarp Hamman adjourned the matter after listening to the arguments of the counsel on behalf of the parties.
Mr J.U.K Igwe, SAN, counsel to FG in his submission had informed the court that the application for the injunction was dated Sept. 12 and filed on the same date.
He added that the application was brought in pursuant to the rules of the NICN 2017 proceeding.
Igwe further stated that it was predicated on 11 grounds, supported by 21 paragraph affidavit deposed to Mr Okechukwu Wampa, a Legal Adviser in the Ministry of Labour and Employment, attached with three exhibits and an undertaking as to damages deposed to by Wampa.
He also 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 to 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, a worker should not embark on strike when a matter is already before the court and urged the court to grant the injunction.
Mr 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
He further submitted that attached to the affidavit were eight exhibits accompanied by a written address and proceeded to adopt the same as their argument in opposition to the interlocutory injunction.
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.
Falana in his argument also pointed out that the claimants did not follow due process in part 1 of TDA 2004 which stipulated that only an individual has the right to approach the court as a trade union will first need to go to the Industrial Arbitration Panel ( IAP), before coming to the court.
He said the union can only approach the NICN to appeal the decision of IAP
Falana also said that the letter that accompanied the referral had the name of the Attorney-General as a party in the suit, but that however, the application filed before the court was without the name.
He also said that the referral asking for an accelerated hearing was not necessary as there was no urgency in the matter as the strike had lasted for seven months
He also submitted that the balance of convenience was not on the side of the claimants and that the conduct of the claimants in the prayer for the court to interpret the 2009 Agreement should be discountenanced.
He finally urged the court to dismiss the application or direct parties to the IAP.
Igwe in response submitted that the minister did not order the court and that the letter attached to the referral was not a legal document as the notice of referral superseded the letter
Earlier, the court had ruled in favour of the claimants when Falana had argued that the defendant’s preliminary objection to the jurisdiction of the court should be taken before any other application
However, Igwe had argued that the court in its decision on Sept.16 slated Monday for a hearing.
Igwe in addition stated that the defendant’s objection will not be prejudiced as it can be adopted and taken with the substantive at a later date.
He also argued that the preliminary objection was not ripe for hearing as it was just served on him about 14 minutes before the proceeding was f the day.
The court upheld Igwe’s argument and directed counsel to proceed with the interlocutory injunction application and the counter-affidavit to the same.
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.
On Monday, members of NANS carried out their threat to protest at the nation’s airports over the continued lecturers’ strike.
NANS had said it will ground activities at the local and international airports across the country beginning from Monday, September 18 over the lingering strike.
It hinged its decision to ground the airports on the successes it had recorded in its road protests during which several highways were blocked.
Activities at the Murtala Muhammed Airport (MMA), Lagos were paralysed as the students barricaded the entrance and exit roads of the airport.
The protesting students blocked the Ajao Road end of the airport, while the Ikeja Underbridge, which leads to the local airport was also totally blocked.
The students with various placards with inscriptions such as: ‘Education is a right, open our schools now,’ ‘APC detests education,’ ‘How can a man without certificate cherish education’ and ‘Education Minister Must Go,’ among others, vowed that they would continue to block major facilities in the country until the Federal Government attend to the requests of their lecturers.
Students in their hundreds protested on the major roads leading to the airport despite the early morning rain.
Some of the air travellers who had flights to catch alighted from their vehicles and boarded motorcycles at very exorbitant rates, while others were seen trekking with their luggage either in their hands or firmly held in their heads in order not to miss their flights.
