The Court of Appeal sitting in the Federal Capital Territory is expected to hear the appeal of the Academic Staff Union of Universities (ASUU) against the ruling of the National Industrial Court today (Tuesday).
Recall that the Industrial Court in its judgement had ordered that the striking lecturers go back to work pending the determination of a suit the Federal Government filed to query the legality of their strike.
Justice Hamman Polycarp noted that the order was both in the national interest and for the sake of undergraduates in the country that had been at home since February 14.
He held that the strike action was detrimental to public university students that couldn’t afford to attend private tertiary institutions.
ASUU on the 23rd of September, 2022 filed 14 grounds appeal against the ruling of Justice Polycarp through its counsel, Femi Falana (SAN).
The union in its appeal maintained that Justice Polycarp, “erred in law and occasioned a miscarriage of justice when he decided to hear and determine the respondents’ motion for an interlocutory injunction when he knew or ought to have known that the substantive suit was not initiated by due process of law.”
ASUU further stated that by sections 17 and 18 of the TDA, the NIC could only entertain appeals arising from the decision of the Industrial Arbitration Panel, IAP, concerning issues arising from trade disputes.
ASUU said it was totally “dissatisfied with the decision of the trial court which it said should not only be stayed from being executed, but also set aside in its entirety.”
This article was originally published on Naija News