Education

FG’s Suit against ASUU Adjourned till Friday

By Web News 419

The suit against the Academic Staff Union of Universities which was filed by the Minister of Labour and Employment, Chris Ngige, has been adjourned,

The matter came up before Justice Polycarp Hamman of the National Industrial Court of Nigeria in Abuja.

The Federal Government on Monday urged the National Industrial Court to order ASUU to call off its seven months strike.

Joined as a claimant in the matter is the Minister of Education, Adamu Adamu, with the President of ASUU, Professor Emmanuel Osodeke, as the sole defendant.

When the matter slated for mention came up, human rights activist, Ebunolu Adegoruwa, SAN, informed the court that he was representing the Socio-Economic Rights and Accountability Project and that he had filed a suit on the same subject matter before the same court.

He also stated that in the suit NICN/ABJ/269/2022, SERAP was the claimant with the Federal Government as the defendant.

He, therefore, proceeded to apply that the extant suit be consolidated and SERAP be joined in the suit as a defendant, instead of multiple suits on the same matter before the same court.

Counsel to the claimant, Mr T.A Gazali, SAN, in response, said the application was premature and added that there was no need for SERAP to pray to be joined in a suit, orally, in a matter that did not have its name on the cause list.

Mr Femi Falana, SAN, counsel to ASUU, in his response, informed the court that both counsel had informed him on Monday that they were both filing some papers.

Falana, in addition, urged the court to step down the matter to enable both counsel to file their papers and then return at a later date after which he would have responded to the claimant’s process.

Adegoruwa replied that the defendant had not denied the existence of the suit SERAP filed and served on them.

Gazali, on his part, also informed the court that his process would be filed Monday, and Falana said he would need three days to reply to the process.

The judge, in his ruling, adjourned the matter until Friday, for further mention.

He also directed that the claimant should file, serve his process, and the defendant to also file and serve his response before the adjourned date.

Hamman, in addition, ruled that SERAP’s application to be joined in the suit was premature.

The suit filed by the claimant is also seeking the court to give the matter an accelerated hearing in order to bring the dispute to an end.

The claimant, also, in the instrument of referral, is praying the court to: “Inquire into the legality or otherwise of the on-going prolonged strike by ASUU leadership and members which had continued even after apprehension by the Minister of Labour and Employment.

“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 end Employment and conciliation is on-going”

Punch/Simeon Ugbodovon

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Judiciary

NICN Judge Charge UI Management, Ex-Lecturer On Amicable Dispute Resolution

By Web News 775

Justice John Peter of an Ibadan Division of the National Industrial Court of Nigeria, NICN, has expressed disappointment over the attitude of the parties in an eight million naira damage suit filed by an ex-lecturer at the University of Ibadan, UI, Professor Adenike Ogunshe, over alleged unlawful termination of her appointment.

Professor Ogunshe formerly of the Department of Microbiology, Faculty of Science, had dragged the institution and its council to the court and demanded for 8 million naira as damage against the institution, saying due process was not followed.

At the last hearing, the parties expressed readiness to settle the case out of court.

However at the resumed hearing of the suit on Wednesday, Counsel to the University of Ibadan, Mr Adebayo Ajayi, informed the court that he had communicated to the institution management on December 14, 2020 directive of the court to settle the matter out of court.

Mr Ajayi, who was in company of retired Professor Oluwole Osunubi and Professor Ishola Fashidi, who were appointed by the institution to oversee the settlement, said he was unable to get the cooperation of the claimant’s counsel.

Justice John Peter later called the two professors to brief the court on what they noticed why trying to settle the matter.

Professors Osunubi and Fashidi informed the court that they discovered that the UI Department of Microbiology where the claimant used to work was not willing to take back the claimant when consulted.

The professors said the department wanted the claimant to apologise and repent before they could take her back.

The claimant’s counsel, Mr Femi Aborisade, told the court that there was an indication that the defendants were not willing to settle the matter amicably but to delay the matter unnecessarily.

Mr Aborisade said the institution being the employer did not need to consult Microbiology Department on their decision on the settlement, if they were serious with it.

He noted that the University of Ibadan ought to take a decision on the settlement and not the Microbiology department and urged the court to allow him move his application for adoption of final written address.

Justice John Peters said it was wrong for Microbiology department to insist on not taking the claimant back, adding that they are all employees and no law allows employees to dictate to the employer.

Justice Peters said there was the need for the parties to tolerate one another, adding that life was about shifting grounds.

He appealed to counsel to find way to resolve this matter amicably, saying “Section 20 of the National Industrial Court Act encouraged reconciliation and amicable settlement of matters.”

The judge then adjourned the matter till April 5 for adoption of final addresses.

Sunday Ogunyemi