The National Industrial Court (NIC) has ordered the Academic Staff Union of Universities (ASUU), to call off its ongoing strike.
Delivering a ruling on the interlocutory injunction filed by the federal government, Justice Polycarp Hamman restrained ASUU from continuing with the industrial action pending the determination of the suit.
Chronicle NG had last week reported that Mr J.U.K Igwe SAN counsel to the federal government informed the court on 16 September (Thursday) that going by its directive on Monday that the claimant should file its process latest by Tuesday, that they had filed two processes.
The NICN granted the order pending the determination of the substantive suit before the court, at the instance of the Minister of Labour and Employment, pursuant to his powers, as provided in Section 17 of the Trade Dispute Act, 2004, Laws of the Federation of Nigeria.
Ruling on the application brought by the federal government, the applicant/claimant, Justice Polycarp Hamman held that since the issues in dispute have been referred to the court, ordered ASUU (the defendants) not to take part in any further strike, pending the determination of the substantive suit.
According to Hamman, the argument of Femi Falana SAN, the counsel to the defendants (ASUU) that the act of the applicants had been concluded is of no moment and flies in the face of Exhibit 2 dated Aug. 29, 2022.
Attached to the affidavit in support of the application where the defendants communicated to the Minister of Labour and Employment, their decision to rollover the strike to a comprehensive indefinite and total strike, beginning from 12.01 am on Aug. 29, 2022.
Hamman noted that as the time of reading his ruling on Wednesday, Sept. 21, 2022, the strike action embarked upon by the defendants on Feb. 14, 2022, had not ended.
He maintained that workers cannot go on strike when relevant sections of the TDA have been complied with by the Minister of Labour in conciliating a labour dispute.
He praised the minister for acting in national interest by referring the matter to the National Industrial Court of Nigeria.
While noting that the balance of convenience is crucial to determining an application for interlocutory injunction, Hamman stated that the balance of convenience tilts in favour of the claimants who own the universities and taken into consideration the interest of the students, whose parents cannot afford private universities in Nigeria or abroad.
He insisted that the strike inflicted irreparable damage to public university education in the country, lamenting that university students have been out of school for eight months in a country where age is considered for employment and enrollment into the National Youth Service Corps (NYSC), Nigerian Army, Air Force, Navy and and paramilitary organisations.
Justice Hamman dismissed the claim by the defendants counsel that the strike was prompted by serial breach of agreement by the Federal Government, saying since the matter has been referred to the Industrial Court by the Minister of Labour and Employment, the defendants are mandated by the law not to engage in any further strike, pending the determination of the substantive matter.
He said: “Section 18 Subsection 1 of the TDA, 2004, connotes an obligation, which is mandatory and leaves no room for discretion.
“Section 18 (2) criminalises any contravention of 18(1) and imposes the fine of N100 or imprisonment for six months for an individual and N1000 for a corporate body.
“In this circumstance and on the strength of Section 254.6.(1)(b) of the constitution, Section 18(1)(e) of the TDA, Section 7(1)(e), 16 and 19 (b) of the National Industrial Court of Nigeria Act 2006, I hold that this application is meritorious and same is hereby granted.”
Justice Hamman further held that the rephrase by Falana that the court should grant accelerated hearing of the application in place of injunctive relief “is of no moment”, going by the rules of the court.
He maintained that the applicants met the requirements for granting of an injunction, contrary to the averments of Falana SAN.
Reacting inside the courtroom, lead counsel to the Federal Government, James U.K. Igwe SAN, said: “I thank his Lordship for the ruling, rendered with unparalleled erudition, scholarly analysis and research and which took into cognisance of education as being basic to education in Nigeria.”
![Rev. Fr. Anthony Odiong, a US-based Nigerian Louisiana Catholic priest, was arrested in Florida on Tuesday for possessing child pornography, according to law authorities. The suspect is reportedly accused of many other cases of sexual assault. The Waco, Texas, Police Department announced in a Facebook post on Tuesday that officers detained Father Anthony Odiong in Ave Maria, Florida, with assistance from the United States Marshals Service. Waco police announced in March that they had received "credible information" about a sexual assault allegedly committed by Odiong in Texas in 2012. “During the subsequent investigation, a case of possession of child pornography was uncovered,” the police said. The priest was apprehended in Florida by the Caribbean Regional Fugitive Task Force. The Waco Police Department said that he will be extradited to Texas. Odiong had previously served in the Archdiocese of New Orleans before being removed as priest in December of last year due to controversy over homilies in which he claimed, among other things, that the Catholic Church was being taken over by "the gays." At the time, the priest was also accused of abusive behaviour; a Louisiana lady claimed in U.S. bankruptcy court that Odiong had committed both financial and sexual abuse against her. Prior to joining the New Orleans Archdiocese, Odiong served in at least two Texas parishes. On Tuesday, Waco police stated that during their sexual assault investigation, "the presence of other survivors was revealed." “Multiple women have come forward to tell similar experiences as the sexual assault survivor who reported the initial allegation,” the police department said. “Survivors’ experiences ranged from sexual assault and indecent assault, more commonly recognised as groping, and financial abuse, with some survivors experiencing every element of Anthony Odiong’s manipulation.” The police said they “believe there may be more survivors, and we wish to speak with anyone who [has] had similar encounters” with the priest. The Archdiocese of New Orleans issued a brief news release on Tuesday noting Odiong's arrest in Florida. The archdiocese “encourages anyone with any information to contact law enforcement,” the release said.](https://chronicle.ng/wp-content/uploads/2024/08/ezgif-6-4730550ede-450x300.jpg "Is Anthony Odiong still a priest after life in prison sentence over rape?")
