The National Industrial Court has fixed May 30 to deliver judgment in the suit filed by the Federal Government against the Academic Staff Union of Universities (ASUU).
The Federal Government dragged ASUU before the court to determine the substantive suit filed during the 2022 ASUU’s eight month strike.
When the matter came up before Justice Benedict Kanyip, yesterday, Ita Enang, the claimants’ counsel informed the court that the matter was slated for adoption of written addresses.
The defendant counsel, Femi Falana (SAN), on his part however informed the court that he had filed a notice of appeal before Court of Appeal.
Falana said he was contesting the ruling of the court of March 28, which ruled that the Minister of Labour and Employment, Chris Ngige, has the power to refer the matter to the National Industrial Court.
He further prayed for stay of execution and the matter be adjourned pending the outcome of Court of Appeal’s decision.
He also submitted that the issue of competence of the appeal was for Court of Appeal to determine as argued by Enang
Enang urged the court to proceed with the matter of the day which was the adoption of written addresses. The court in its ruling stated that time is of essence in delivery of justice.
“It is better to get a bad judgment quickly than a good judgment in delayed time in labour matters,” he said.
The court also ruled that the authorities cited by the defence counsel was not applicable in the extant case. The court equally cited Rule 47 of NICN 2006 proceeding and stated that an appeal did not translate to stay of execution.
The judge also said that defence had shown lack of seriousness by not filing its defence and instead opted to file application for stay of execution.
The court in addition said that the matter had been slowed down by various applications.
Kanyip further said: “The application for stay of execution is rejected and the case will proceed and ruling is entered according.”
The court therefore directed the claimant’s counsel to proceed to adopt his written address.
The counsel in respond urged the court to grant all reliefs sought as the suit was not challenged nor contesting by defence through its failure to file processes of defence.
Falana on his part urged the court to consider its record which had his earlier affidavit filed on Sept. 16,2022
He argued that the affidavit which was not challenged encapsulate his defence. The court therefore adjourned the matter until May 30, for judgment.
The court adjourned until June 21 for a sister case where ASUU is the claimant.
ASUU in the suit is seeking the court to order Minister of Labour and Employment to accept its return of annual financial report.
The court had to adjourn as the third defendant’s counsel, Mr Alex Akoja informed the court that he just came into the matter.
Akoja therefore prayed for the adjournment to enable him file processes.
