The Federal Government in the suit it filed before the National Industrial Court prayed that ASUU be made to call off its ongoing nationwide strike.
The Federal Government through the Minister of Labour and productivity file the motion before the NICN by way of referral to resolve the over six months strike by ASUU.
The Federal Government through its counsel Mr J.U.K Igwe, SAN, had informed the court in its submission that the application for the injunction was filed and dated Sept. 12.
Mr Igwe added that the application was in pursuant to the rules of the NICN 2017 proceeding.
Igwe stated that it was predicated on 11 ground, supported by 21 paragraph affidavit deposed to Mr Okechukwu Wampa, a Legal Adviser in the Ministry of Labour and Employment , attached with three exhibits and an undertaking as to damages deposed to by Wampa.
He also plead that the court grant the prayer sought and proceeded to adopt in its entirety the written address, adding that the claimants had met all the requirements to enable the court grant the injunction
He concluded by saying that going by the provision of section 18 (1) (e) of the Trade Disputes Act 2004, that a worker should not embark on strike when a matter is already before the court, urged the court to grant the injunction.
Mr Femi Falana SAN, counsel to the defendant stated that he had before the court a nine paragraph counter-affidavit filed on Sept. 16 deposed to by the president of ASUU
Mr Femi further submitted that attached to the affidavit was eight exhibits accompanied by a written address and proceeded to adopt same as their argument in opposition to the interlocutory injunction.
Falana in addition argued that the minister lacked the power to order the court in the referral to direct ASUU to call off its strike.
He averred further that once a referral was before a court, no party could go outside of it.
Falana in his argument also pointed out that the claimants did not follow due process in part 1 of TDA 2004 that stipulated that only an individual has the right to approach the court as a trade union will first need to go to Industrial Abitration Panel ( IAP), before coming to the court.
He said union can only approach the NICN to appeal the decision of IAP
Falana also said that the letter that accompanied the referral had the name of the Attorney-General as a party in the suit, but that however, the application filed before the court was without the name.
He also said that the referral asking for accelerated hearing was not necessary as there was not urgency in the matter as the strike had lasted for seven months
He also submitted that the balance of convenience was not on the side of the claimants and that the conducts of the claimants in the prayer for the court to interpret the 2009 Agreement should be discountenanced.
He finally urged the court to dismiss the application or direct parties to the IAP.
ASUU Strike and Economy Tops Osinbajo’s Meeting with APC Governors
In a related development, Vice President Yemi Osinbajo, SAN, on Tuesday received APC Governors in his office at the Presidential Villa on a felicitation visit as he recovers from the surgery done last month.
While welcoming the Governors, the Vice President expressed his appreciation for the visit and the good wishes.
In a statement released on 30th August by Laolu Kande, the Senior Special Assistant to the President on Media and Publicity in the office of the Vice President, the VP further applauded the Nigerian doctors for their expertise as well as their effort in making cutting-edge medical facilities available in the country