The National Industrial Court, NIC, has struck out the suit filed by the National Association of Nigerian Students,, NANS, seeking to compel lecturers at public universities in the country to end the ongoing strike action.
Team@orientactualmags.com learned Justice Polycarp Hamman of the NIC , Abuja terminated further proceedings in the matter following the filing of notice of discontinuance by the factional President of NANS, Umar Faruk Lawal.
Lawal had told the court that he filed the suit marked NICN/ABJ/273/2022, for himself and on behalf of NANS.
Apart from The Academic Staff Union of Universities (ASUU) which was named as the 1st Respondent, the Minister of Education and the Attorney-General of the Federation were also listed as 2nd and 3rd Respondents, respectively.
When the matter came up on Tuesday, Lawal, notified the court that he had filed notice of discontinuance.
He noted that his decision to withdraw the suit was because of the steps taken by some NANS members questioning his status as president of the body as he had deposed to.
Though the other two Respondents were not represented, however, counsel for ASUU, Marshal Abubakar, informed the court that he was not opposed to Lawal’s application to withdraw the suit.
Justice Hamman consequently dismissed the lawsuit.
Lawal , a student at the Department of Library and Information Science , Bayero University, Kano and Usman Barambu had laid claim to the presidency of the association.
It will be recalled that the NIC had in the judgment that was delivered on September 21, ordered the striking varsity lecturers to return to class, pending the determination of the suit the Federal Government filed to query the legality of their strike action.
This interim injunction followed an application the Federal Government filed through its lawyer, Mr. James Igwe.
Justice Hamman held that the order was both in national interest and for the sake of students at public universities in the country that have been at home since February 14 this year.
He held that the strike action was detrimental to public university students that cannot afford to attend private tertiary institutions.
‘The balance of convenience tilts in favour of the applicant.
I hold that this application is meritorious and this application is granted’ Justice Hamman had ruled.
ASUU had since gone to the appellate court seeking to have the NIC judgment set aside.
The union, in a 14-ground of appeal before the Court of Appeal also applied for a stay of execution of the judgment.
ASUU, in its appeal, maintained that Justice Hamman ‘erred in law and occasioned a miscarriage of justice when he decided to hear and determine the Respondents’ motion for interlocutory injunction when he knew or ought to have known that the substantive suit was not initiated by due process of law’.
It argued that the mandatory steps and procedure stipulated in Part 1 of the Trade Dispute Act, TDA, was not followed by the Federal Government.
ASUU also averred that the trial judge acted utra vires and misdirected himself when he unlawfully assumed jurisdiction to entertain the matter, adding that what was granted as an interlocutory order was the same relief the Federal Government had sought in its substantive suit- Team@orientactualmags.com
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