Lawyer says ASUU's failure to resume despite court order is 'legal'

A human rights lawyer, Inibehe Effiong, says the failure of the striking Academic Staff Union of Universities (ASUU) to resume as ordered by a court on Wednesday could be legal as long as a demand for stay of execution was filed "with the request for appeal."

A judge, Polycarp Hamman, of the National Industrial Tribunal of Nigeria (NICN) sitting in Abuja had granted a request for an interlocutory injunction from the Nigerian government to restrain ASUU from continuing the strike pending its decision on the merits of the suit. pursuit.

While ASUU said it was appealing the court order, many Nigerian students questioned whether it would be in contempt of court if the union did not suspend the strike before the appeal be heard.

But speaking on the PREMIUM TIMES Twitter space on Thursday, Mr Effiong said it would be legal to continue the strike if the union had already filed a motion for a stay of execution alongside the application for call.

He said: "A stay of execution may be granted on conditions when an appeal has been filed or when an application is filed with the court. I know that a decision has been made to appeal and I also know that this appeal must be accompanied by a motion for a stay."

Also speaking on Twitter space, a former ASUU Welfare Officer at Obafemi Awolowo University (OUA), Ile-Ife, Chijioke Uwasomba, confirmed that the union has filed an appeal to the Court of Appeal.

"As of this morning, our lawyers appealed and they also asked for a stay of execution," he said Thursday.

He noted that the disputes that led to the strike could have been easily resolved had the government committed to funding public education.

Mr. Uwasomba also condemned the government's stance on "No work, no pay", insisting that teaching was the only aspect of teachers' work affected by the strike.

He noted that the research and community service engaged in by the speakers has continued unhindered over the past seven months.

“The court will not resolve the dispute”

Messr Effiong and Uwasomba said the legal option would not end the dispute between the Nigerian government and the aggrieved professors.

Mr. Uwasomba said the option would rather complicate the conflict.

He accused the government of being irresponsible and of having no respect for the Nigerian people.

For his part, Mr. Effiong suggested that the two sides return to the negotiating table, noting that "litigation is not the best way to solve the problem".

While he called on both sides to find common ground, he noted that returning to class without any meaningful success would be counterproductive.

He said, "If you tell students to go back to class and they don't get any difference - nothing is felt in terms of impact, nothing is seen in terms of the positive outlook of this strike - what would have been the essence of staying at home for seven months."

He called on the federal government to implement the agreements reached with the ASUU "but I also say that the ASUU must also be aware and open to areas where some form of compromise can be reached because ultimately , there must be a compromise ."

"ASUU should defend the rights of students"

Meanwhile, Mr. Effiong instructed ASUU to also advocate for the rights of students being trampled on in some public universities.

The human rights lawyer condemned the cases where some university management banned the student union and its activities.

"When it comes to the issues affecting students in this country, ASUU doesn't seem to exude the level of passion that we all see when they have issues related to the agreement with the federal government," said he declared. “So after the strike, I hope that ASUU will go back to its various branches and start thinking about how it can be more effective in addressing student concerns, both against teachers who victimize students. students and against the university management which is also cracking down on the rights of students to organize and also to speak for themselves.”

Qosim Suleiman is a journalist at Premium Times in partnership with Report for the World, which connects local newsrooms with talented emerging journalists to cover under-reported issues around the world