From Cyriacus Nnaji, Lagos
The National Industrial Court of Nigeria in the Lagos Division has barred the Academic Staff Union of Universities’ National Executive Council (ASUU-NEC) from interfering with the academic and fundamental freedom of the members of the Academic Staff Union of Universities, Lagos State University Branch (ASUU-LASU).
The decision of the court was made public at a Press Conference organized by the ASUU-LASU at the Lagos State University main campus in Ojo, Lagos on Thursday, January 23rd, 2025.
The Conference paper which was signed by the Chairman, ASUU-LASU, I.A.O Bakare; B. Babatope, Vice Chairman; S.O. Idowu, General Secretary; S.A. Adebanjo, Assistant General Secretary; S.O. Olabode, Treasurer; D.A. Awotundun, Financial Secretary; S.A. Oladosu, Investment Officer; and A.O. Ajibare, Internal Auditor, has all members of ASUU-LASU Executive in attendance.
According to the judgement paper released to the media, while delivering judgement in the suit no. NICN/318/2020 between the Academic Staff Union of Universities, Lagos State University Branch (ASUU-LASU) and the Academic Staff Union of Universities’ National Executive Council (ASUU-NEC), His Lordship, Justice S.A Yelwa made it clear in his Judgement delivered on 30th September, 2024, that ASUU-NEC’s decision to bar the claimants (ASUU-LASU) from participating in ‘Sabbatical leave, external assessment, conferences, workshops, research collaborations, visits, etc. to and from “LASU’ is illegal, unlawful, null and void.
Delivering his judgement, the learned Judge said, “In the whole assessment of this case, I find that the case of the claimants (The Bakare-led Exco) as constituted in the originating summons is meritorious and flowing from this, the reliefs of the claimants succeed.”
ASUU-NEC had in its meeting of 7th to 8th March, 2020,in Enugu, barred the claimants (ASUU-LASU) from participating in ‘Sabbatical leave, external assessment, conferences, workshops, research collaborations, visits, etc. to and from “LASU’ over what could be termed an internal matter between some members of the old executive and the current executive of ASUU-LASU.
Based on what it considered interference on the academic and fundamental rights of its members, the ASUU-LASU led Executive approached the National Industrial Court for adjudication and in the end all their pleas were granted by the honourable court.
The following pronouncements are the words of Justice S.A. Yelwa. “That the 1st defendant’s decision (ASUU) through the meeting of the 2nd Defendant (ASUU) in its meeting of 7th to 8th March, 2020, to bar the claimants (ASUU-LASU) from participating in ‘Sabbatical leave, external assessment, conferences, workshops, research collaborations, visits, etc. to and from “LASU’ is illegal, unlawful, null and void.
“That the 1st 3rd defendants (ASUU, ASUU-NEC, President, ASUU) lack the authority to stop the claimants (ASUU-LASU) from participating in and collaborating with other institutions through ‘sabbatical leave, visitations, part time lectureship, external examinations, external assessment, conferences, workshops, research collaborations, visits, etc. as the 1st defendant (ASUU) resolved at its 2nd defendant’s (ASUU-NEC) meeting chaired by the 3rd defendant (ASSU President) on the 7th to 8th March, 2020 in Enugu.
“That the 1st defendant’s (ASUU) decision to stop the claimants (ASSU-LASU) from further collaborating with other universities and colleagues in pursuit of their individual educational objectives constitute a breach of their academic freedom and runs contrary to the constitution of the 1st defendant (ASUU).
“That the decision of the 1st defendant (ASUU) at the meeting of its second defendant (ASUU-NEC) presided over by the 3rd defendant (President ASUU) on the 7th to 8th March, 2020, in Enugu State University of Technology, Enugu to wit: “sabbatical leave, visitations, external assessments, conferences, workshops, research collaborations, visits, etc. to and from LASU should be stopped forthwith,” is ultra vires of the defendants (ASUU, ASUU-NEC,.ASUU, President) and therefore null and void.
“That the members of the Academic Staff Union of Universities, Lagos State University Branch (ASUU-LASU) have the right to select or elect members of their executive committee from within and among themselves.”
Consequent upon the above declarations, this Honourable court hereby orders as follows:
“The defendants (ASUU, ASUU-NEC, ASUU, President), their agents and privies are perpetually restrained from further interfering with and tampering with the fundamental rights and freedom of the claimants (ASUU-LASU) as guaranteed to them by the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“The Defendants (ASUU, ASUU-NEC, ASUU, President), their agents and proxies are perpetually restrained from interfering or meddling with the claimants’ (ASUU-LASU) academic freedom and fundamental rights as guaranteed by the constitution and Code of Practice of Academic Union of Universities (ASUU) as amended.
“The 4th defendant (Lagos State University) is perpetually restrained from complying with or giving effect to the resolution of the 2nd defendant (ASUU-NEC) against the claimants (ASUU-LASU) at its meeting of 7th and 8th at Enugu State University of Science and Technology, Enugu.”
