The Court Ruling Ordering ASUU to Call off Strike

The Court Ruling Ordering ASUU to Call off Strike.

The Court Ruling Ordering ASUU to Call off Strike.

Click to download a copy of the Court Ruling Ordering ASUU to Call off Strike

In the case of the FGN and Minister of Education V. ASUU with Suit No: NICN/ABJ/270/2022 was filed by the Federal Government of Nigeria with the Minister of Education as joint Applicant/Claimant seeking the order of the Court for an interrocutory injuction to restrain the members of Academic Staff Union of Universities-ASUU from the lingering strike action embarked on by the Union.

The Court in the judgment delivered by His Lordship, Hon. Justice P. I. Hamman (Vacation Judge) on the 21st day of September 2022 granted the application sought.

Click to download a copy of the Court Ruling Ordering ASUU to Call off Strike

The ruling by Justice Hamman was to the effect of the foregoing;

1.0. By a letter dated 8th of September, 2022 the Honourable Minister, Federal Ministry of Labour and Employment forwarded to this Court a Referral Instrument in respect of the trade dispute between the parties for adjudication pursuant to section 17 of the Trade Disputes Act, Cap. T8, Laws of the Federation of Nigeria (LFN), 2004. The questions for determination and the reliefs sought by the Claimants are as stated in the Referral Instrument dated 7th September, 2022 and the Claimants’ supporting originating processes filed on the 12th of September, 2022.

1.1. This Ruling is in respect of the Claimants/Applicants’ Motion on Notice for Interlocutory Injunction dated and filed on the 12th of September, 2022. The application which is brought pursuant to sections 6(a) and (b) and 254C(1)(C) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), section 7(1)(b) of the National Industrial Court Act, 2006, Order 17 Rule (1), (13) and Order 22 Rule 1(1) of the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017, and under the inherent jurisdiction of this court prays for the following reliefs:

1. An order of this Honourable Court granting an interlocutory injunction restraining the Academic Staff Union of Universities, by themselves, members, agents, servants, privies or howsoever called from taking further steps and doing any act or otherwise continuing with the indefinite strike or any strike action pending the hearing and determination of the suit/referral to this Honourable Court dated 8 September 2022 made at the instance of the Minister of Labour and Employment as a maunderional interest under his powers under Section 17 of the Trade Disputes Act.

2. And for such further order(s) as this Honourable Court may deem fit to make in the circumstances.

The ruling is granted pending the determination of the suit.

Click to download a copy of the Court Ruling Ordering ASUU to Call off Strike

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