court orders ASUU to go back to work

The National Industrial Court has ordered the Academic Staff Union of Universities (ASUU), to call off the ongoing strike which has lasted for seven months.


The Court invoked section 18 of the Trade Dispute Act and national interest of the Nigerian students to grant the request of the Federal Government for an order of injunction against the lecturers.

Justice Polycap Hamman issued the order for suspension of the strike while ruling in an application filed by the Federal Government asking that the University teachers be compelled to go back to work pending the resolution of their demands for better working conditions.

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

While dismissing objections ASUU raised through its lawyer, Mr Femi Falana, SAN, the court held that the strike action was detrimental to public university students that cannot afford to attend private tertiary institutions.

“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.”

It however declined to award cost against ASUU as FG had demanded.

It will be recalled that ASUU had embarked on an initial four weeks strike to press home its demands that included an improved funding for universities, as well as a review of salaries for lecturers.

It subsequently extended the strike action indefinitely on August 29, following the breakdown of negotiations between the union and the government.

While ASUU accused FG of not being sincere in its negotiation, the government, through the Ministry of Labour and Employment, approached the court to compel the striking lecturers to return to the classroom.

Specifically, it urged the court to, “interpret in its entirety the provisions of Section 18 LFN 2004, especially as it applies to the cessation of strike once a trade dispute is apprehended by the Minister of Labour and Employment and conciliation is ongoing”.

As well as requested for, “an order of the Court for ASUU members to resume work in their various universities while the issues in dispute are being addressed by the NICN in consonance with the provisions of Section 18 (I) (b) of the TDA Cap T8. LFN 2004”.

ASUU had in a counter-affidavit it filed before the court, opposed the suit on the premise that the Minister of Labour and Employment, Dr. Chris Ngige, lacked the power to order the court in the referral to direct it to call off the strike action.

ASUU’s lawyer, Falana, SAN, argued that such referral amounted to a directive from the Minister to the court.

He maintained that neither a Minister nor the President could wield such powers as to control a court of competent jurisdiction.

More so, Falana, SAN, argued that FG failed to follow the due process as stipulated in part 1 of TDA 2004.

According to him, the law, provided that such matter must first pass through the Industrial Arbitration Panel, IAP, before landing at the NIC.

Falana argued that ASUU would not have embarked on strike had it been the government kept to various agreements and Momoradum of Understanding, MoU, it signed with the union in the past.

Justice Hamman dismissed the objections and ordered the striking varsity lecturers to in line with provisions of the TDA, return to the classroom, pending the final determination of the suit before the court.