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HomeBusinessNigeria: Lawyer Says ASUU's Failure to Resume Despite Court Order "Legal"

Nigeria: Lawyer Says ASUU’s Failure to Resume Despite Court Order “Legal”



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Also speaking on the Twitter Space, a former Welfare Officer of ASUU OAU, Chijioke Uwasomba, confirmed that the union has filed an appeal at the appellate court.

A human rights lawyer, Inibehe Effiong, has said the failure of the striking Academic Staff Union of Universities (ASUU) to resume as ordered by a court on Wednesday could be legal as long as a stay of execution application has been filed “together with the appeal application.”

A judge, Polycarp Hamman, of the National Industrial Court of Nigeria (NICN) sitting in Abuja had granted an interlocutory injunction application by the Nigerian government to restrain ASUU from continuing with the strike pending its determination of the substantive suit.

While ASUU said it is appealing the court order, many Nigerian students have asked if it would not amount to contempt of court if the union fails to suspend the strike before the appeal is heard.

But speaking on PREMIUM TIMES’ Twitter Space on Thursday, Mr Effiong said it would be legal to continue with the strike if the union already filed a motion for stay of execution alongside the application for an appeal.

He said: “A stay of execution may be granted on terms where an appeal has been filed or when an application is made to the court. I am aware that a decision was taken to appeal and I am also aware that that appeal is to go with a motion for stay.”

Also speaking on the Twitter Space, a former Welfare Officer of ASUU at the Obafemi Awolowo University (OAU), Ile-Ife, Chijioke Uwasomba, confirmed that the union has filed an appeal at the appellate court.

“First thing this morning, our lawyers have appealed and they have also asked for a stay of execution,” he said on Thursday.

He noted that the disputes that resulted in the strike could have been easily resolved if the government was committed to funding public education.

Mr Uwasomba also condemned the government’s stance on ‘No Work, No pay,’ insisting that teaching was the only aspect of the lecturers’ work affected by the strike.

He noted that research and community service being engaged in by the lecturers have continued unhindered for the past seven months.

‘Court won’t resolve dispute’

Both Messr Effiong and Uwasomba stated that legal option would not bring an end to the dispute between the Nigerian government and the aggrieved lecturers.

Mr Uwasomba said the option would rather complicate the conflict.

He accused the government of being irresponsible and having no regard for the Nigerian people.

On his part, Mr Effiong suggested that both parties return to the negotiation table, noting that “litigation is not the best way to resolve the issue.”