By Adadainfo
The Industrial Court sitting in Abuja, Monday, adjourned the case between the federal government and the Academic Staff Union of Universities to Wednesday.
The FG had dragged ASUU to court to compel the university lecturers to call off their seven-months’ strike. The strike began Feb 14 this year following federal government’s failure to fulfill its agreement with the union.
Justice Polycarp Hamman adjourned the case after listening to the arguments of the counsel on behalf of the parties.
J.U.K Igwe, counsel to the federal government, told the court that the application for the injunction was dated September 12 and filed same date. According to him, the application was brought in pursuant to the rules of the NICN 2017 proceeding.
He said it was based on on 11 grounds, supported by 21 paragraph affidavit deposed to 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 pleaded the court to grant the prayers sought. and proceeded to adopt in its entirety. He submitted that in accordance with the provision of section 18 (1) (e) of the Trade Disputes Act 2004 that an employee cannot embark on strike when a matter is already before the court.
Counsel to ASUU Femi Falana, SAN, tendered a nine paragraph counter-affidavit filed on September 16 deposed to by the president of ASUU.
He also attached eight exhibits accompanied by a written address and proceeded to adopt same as their argument in opposition to the interlocutory injunction.
He argued that the minister lacked the power to order the court in the referral to direct ASUU to call off its strike, adding that once a referral was before a court, no party could go outside of it.
He further submitted that the claimants did not follow due process in part 1 of TDA 2004 that stipulated that only an individual has the right to approach the court as a trade union will first need to go to Industrial Abitration Panel ( IAP) before coming to the court.
He said union can only approach the NICN to appeal the decision of IAP.
Mr Falana also said that the letter that accompanied the referral had the name of the Attorney-Ggeneral as a party in the suit, but that however, the application filed before the court was without the name.
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