Strike: Real Reason ASUU May Not Win in Any Court in Nigeria
- There are indications that ASUU might not win against the federal government in Nigeria after the decision of the court of the appeal
- The appeal court has asked the striking lecturers to obey the order of the national industrial court before it could entertain their appeal
- Misbau Lateef, the legal adviser of CONUA, the newly registered academic union, told Legit.ng that no law of any responsible country allows workers to withhold their services for this long
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Hope beacons to Nigerian students as appeal court sitting in Abuja ordered the Academic Staff Union of Universities (ASUU) to return to classrooms after 8 months strike immediately.
According to Vanguard, a unanimous decision of the three-man panel of justices of the appellate court directed ASUU to adhere to the interlocutory order of the national industrial court (NIC).
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Source: Twitter
When did national industrial court ask ASUU to resume?
The NIC, on Wednesday, September 21, ordered the aggrieved university lecturers to return to the lecture theatre till the court determines the legal action instituted against them by the federal government.
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While noting that the union has the right to appeal the decision of the NIC, Justice Hamma Barka-led's panel said it would not welcome any appeal from ASUU until it adheres to the NIC order.
Why ASUU may not win in court of appeal
However, ASUU may not win at the appeal court because no law in any country of the world envisaged workers withholding their services for 8 months.
This view was shared by Misbau Lateef, the national legal adviser of the Congress of University Academics (CONUA), in a chat with Legit.ng.
According to Lateef:
“You see, contemplation of the law, particularly the trade dispute act, if you look at it from sections 17 and 18, is that once the minister of Labour and productivity or whoever is designated in that fashion, apprehended an industrial dispute, by apprehension, he or she has taken charge. he has seen the situation, parties should continue to do their work while they continue to discuss.”
He goes further to add that:
“there is no law of any responsible country that will envisage workers withholding their services for this long, that is not how any responsible country is run.”
Why 99.9% of ASUU Strikes Can’t Pass Scrutiny of Law in Nigeria - Prominent Law Lecturer Discloses
Legit.ng earlier reported that following the 7-month ASUU strike in Nigeria, Misbau Lateef, a law teacher from the University of Hull, disclosed to legit.ng that the strike is illegal.
Lateef, who taught law at Obafemi Awolowo University (OAU), Ile-Ife, before moving to the United Kingdom, is the national legal adviser of CONUA, a breakaway group from ASUU.
The lecturer maintains that none of the strikes embarked on either by ASUU, NLC, or other unions can't pass the scrutiny of law in Nigeria because no strike is expected to last more than 5 days.
Source: Legit.ng
