The Appeal Court has ordered the Academic Staff Union of Universities (ASUU) to end its 7-months-old strike, OduNews reports.
The appellate court gave the order in a ruling on an application by the ASUU seeking permission for it to appeal against the order of the National Industrial Court which asked the striking lecturers to resume duty.
The Court also granted ASUU “conditional leave to appeal the order of the Industrial Court, while insisting that ASUU must obey the order of the lower court with effect from today, October 7.
The 3-man panel led by Justice Hamman Barka, said for ASUU to file it’s notice of appeal within 7 days, it must show evidence that it’s members have resumed work immediately.
The panel held that failure to adhere to the order, will make the appeal incompetent before Court of Appeal.
Recall that the industrial court granted an interlocutory injunction in favour of the Federal Government on Sept. 21 and ordered the union to call off the strike pending the resolution of its dispute with the government.
Not satisfied with the order of the industrial court, ASUU filed an application at the Court of Appeal, seeking the leave of the court to file an appeal against the lower court’s ruling.
Its counsel, Mr Femi Falana (SAN) told the court that it was the right of his client to file an appeal against the interlocutory injunction because it was not in its favour.
Falana cited a plethora of authorities to support his claim that ASUU must first seek and obtain leave of the Court of Appeal before filing a notice of appeal so as to ensure validity of the appeal.
He prayed a three-man panel of justices of the appellate court led by Justice Hamma Barka to reject the government’s opposition to the application.