May 11, 2023

The National Industrial Court on Thursday fixed May 30 to deliver judgment in the suit filed by the Federal Government against the Academic Staff Union of Universities (ASUU).

In the suit, the federal government dragged ASUU before the court to determine the substantive suit filed during the 2022 ASUU’s eight month strike.

When the matter came up before Justice Benedict Kanyip on Thursday, Sen. Ita Enang, the claimants’ counsel informed the court that the matter was slated for adoption of written addresses.

Mr. Femi Falana SAN, the defendant counsel on his part however informed the court that he had filed a notice of appeal before Court of Appeal.

Falana stated that he was contesting the ruling of the court of March 28, which ruled that the Minister of Labour and Employment has the power to refer the matter to the National Industrial Court.

He further prayed for stay of execution and the matter be adjourned pending the outcome of Court of Appeal’s decision.

He also submitted that the issue of competence of the appeal was for Court of Appeal to determine as argued by Enang.

Enang urged the court to proceed with the matter of the day which was adoption of written addresses.

The court in its ruling stated that time is of essence in delivery of justice.

“It is better to get a bad judgment quickly than a good judgment in delayed time in labour matters”.

The court also ruled that the authorities cited by the defence counsel was not applicable in the extant case.

The court equally cited Rule 47 of NICN 2006 proceeding and stated that an appeal did not translate to stay of execution.

The judge also said that defence had shown lack of seriousness by not filing its defence and instead opted to file application for stay of execution.

The court in addition said that the matter had been slowed down by various applications.

Kanyip further said “the application for stay of execution is rejected and the case will proceed and ruling is entered according”.

The court therefore directed the claimant’s counsel to proceed to adopt his written address.

The counsel in respond urged the court to grant all reliefs sought as the suit was not challenged nor contesting by defence through its failure to file processes of defence.

Falana on his part urged the court to consider its record which had his earlier affidavit filed on Sept. 16,2022

He argued that the affidavit which was not challenged encapsulate his defence.

The court therefore adjourned the matter until May 30, for judgment.

The court adjourned until June 21 a sister case where ASUU is the claimant.

ASUU in the suit is seeking the court to order Minister of Labour and Employment to accept its return of annual financial report

The court had to adjourn as the third defendant’s counsel, Mr. Alex Akoja informed the court that he just came into the matter.

Akoja therefore prayed for the adjournment to enable him file processes.

NAN also reports that the third suit involving the parties was also adjourned until June 21, for report of settlement/ hearing.

The suit where ASUU is also the claimant has the Minister of Labour and Employment and Registrar Trade Unions as defendants.

Earlier, Falana informed the court that he filed a motion for the matter to be transferred to the Alternative Dispute Resolution ( ADR) Centre of the court.

Enang however responded that he was contesting the referral as the claimant had admitted to have failed to file its annual financial returns within the stipulated time.

He also withdrew his preliminary objection application premised on lack of jurisdiction.

The court equally granted Falana the leave to move his application for the court to refer the matter to ADR.

The court having granted the application adjourned the matter until June 21, for report of settlement/hearing.(NAN)