The National Industrial Court (NIC) is to deliver a ruling in an application filed by the Federal Government, seeking the order of the court to direct the Academic Staff Union of Universities, ASUU, to call off its ongoing strike.
Justice Polycarp Hamman adjourned the case after listening to the arguments of the counsel on behalf of the parties.
J.U.K. Igwe, counsel to the Federal Government in his submission, informed the court that the application for the injunction was dated September 12 and filed on the same date.
Igwe added that the application was brought in pursuant to the rules of the NICN 2017 proceeding.
He further disclosed that it was predicated on 11 grounds, supported by a 21-paragraph affidavit deposed to Mr Okechukwu Wampa, a Legal Adviser in the Ministry of Labour and Employment, attached with three exhibits and an undertaking as to damages deposed to by Wampa.
Igwe also urged the court to grant the prayer sought and proceeded to adopt in its entirety and totality the written address, adding that the claimants had met all the requirements to enable the court grant the injunction.
He also cited that claimant’s action wasn’t apprehensive and regarding damages, he said the lost time of seven months of the strike couldn’t be regained.
Igwe said going by the provision of section 18 (1) (e) of the Trade Disputes Act 2004, a worker should not embark on strike when a matter is already before the court and urged the court to grant the injunction.
However, Mr Femi Falana SAN, counsel to the defendant, said he had before the court a nine-paragraph counter-affidavit filed on September 16 deposed by the president of ASUU.
