The Court of Appeal will today deliver a judgment on the application filed by the Academic Staff Union of Universities, (ASUU) against the order of the National Industrial Court asking the public lecturers to resume after it embarked on eight-month-old strike action.
The NICN ruled that ASUU should call off its eight-month-old strike and enter into negotiations with the federal government.
However, ASUU, through its counsel, Femi Falana (SAN), filed an application at the Court of Appeal (Abuja Division) seeking the leave of court to file an appeal against the industrial court order.
Falana noted that it’s within ASUU’s right to file an appeal against the interlocutory injunction because it is against them.
He added that ASUU will seek and obtain leave of the court of appeal before filing a notice of appeal to ensure the validity of the appeal.
Falana asked a three-man panel of the court headed by Justice Hamma Barka to reject government opposition against the application, adding that it would amount to a dangerous decision for his client to be denied the right of appeal.
Earlier, Falana had requested that the stay of execution of the ruling of the industrial court, contained in the application, be discontinued.
However, in his opposition to ASUU’s application, the Federal Government prayed the court to dismiss the entire application on grounds of incompetence and jurisdiction.
The lawyer to the Federal Government, James Igwe (SAN), drew the attention of the court to the fact that the Industrial Court order made on September 21, had not been obeyed by the lecturers.
He also opposed the decision of ASUU to jettison the stay of execution of the Industrial Court order, adding that both parties had already joined issues.