The national industrial court of Nigeria has ordered the Academic Staff Union of Universities, ASUU to return to work pending the hearing and determination of the suit.
The order was made by justice Polycarp Hamman while delivering ruling in an Interlocutory Application filed by the federal government seeking for order asking the striking lecturers back to work .
ASUU has been on strike since February 14 to press home the demand for improved funding for universities, a review of salaries for lecturers, among other issues.
Several meetings between ASUU and the federal government have ended in a deadlock.
The federal government proceeded to challenge the strike. The government counsel, James Ugwe and senator ita Enang prayed the court for an interlocutory injunction restraining ASUU from taking further steps pending the determination of the substantive suit.
They submitted that pursuant to section 18(1)E of the Trade Disputes Act, employees cannot be on strike when a matter is before the industrial court for adjudication.
Femi Falana, counsel for ASUU in opposition said asking the union to resume work without federal government complying with previous agreement is wrong.
Ruling on the application , Justice Polycarp Hamman, gave the federal government a nod and held that the industrial action is detrimental to public university students who cannot afford to attend private tertiary institutions.
That section 18 subsection 2 of the trade union act criminalizes the action of ASUU as the matter is still pending.
Justice Hamman took the age factor into consideration saying the students are at risk of gaining employment or getting absolved into any military force once they attain certain age and as such they should not be deprived.
And the balance of convenience is a basic factor for determination, therefore the application has merit.
ASUU and its agents are also restrained from taking further steps and doing any act in continuance of the strike pending the hearing and determination of the suit.
Editor : Ena Agbanoma
