ASUU STRIKE: Lecturers dragged to industrial court

THE strike action embarked upon by
university lecturers has assumed
another dimension as the Academic
Staff Union of Universities (ASUU) has
been dragged before the National
Industrial Court of Nigeria (NICN) over
the lingering strike action.
The suit, with the number NICW/
Abj/242/2013 which also has ministers of
labour and productivity, education,
finance and justice, as well as secretary
to the government of the federation as
defendants, was instituted by the
registered trustees of Golden Women of
Integrity and Vision Association and Mrs.
Florence Uche Ojieh.
In the suit, the claimants are asking the
court to determine whether the strike
action embarked upon by ASUU is not
illegal and contrary to law and whether
members of the union are not bound by
the policy of ‘no work no pay’ and
therefore not entitled to their salary
during the period of the strike.
They also asked the court to determine
whether members of ASUU are entitled
to continue to retain their employment,
having abandoned or deemed to have
abandoned their work in the
universities; whether or not the union
complied with the mandatory provisions
of Section 4 and 5 of the Trade Dispute
Act CAP T8 LFN 2004 before embarking
on the strike; whether the union has
complied with the provision of Section 8
of the Trade Disputes Act CAP T8 LFN
2004; whether or not the minister of
education is not entitled to determine the
employment of the union, same having
abandoned or deemed to have
abandoned their work in their
universities and whether or not the
doctrine of collective bargain or the
purported 2009 agreement can be the
basis for the strike action by ASUU same
not having been incorporated in their
contract of employment between it and
the federal government.
The reliefs sought by the claimants
include a declaration that the strike
action embarked upon by ASUU since
July 2, 2013 is illegal, unconstitutional,
null and void.
The claimants also sought a declaration
of court that the strike action is unlawful
and unwarranted in the face of the
payment to the union by federal
government of over N50 billion to meet
ASUU’s demands from the government.
Other reliefs are an order of mandatory
injunction directing the union to go back
to work immediately and
unconditionally; an order directing the
union to return or refund all monies
paid to it by the federal government in
error or otherwise; an order directing
ASUU to return to the negotiation table
and a declaration that the strike action is
illegal, unconstitutional, null and void.
Others are an order directing ASUU to
refund all monies paid to its members as
salaries, wages and allowances during
the strike action; an order enforcing the
no work no pay rule on the union; a
declaration that the condition precedent
to protest and or strike as provided by
the Trade Dispute Act Cap T8 LFN 2004
has not been fulfilled; an order declaring
the agreement on which the strike action
is based as an extra-legal document
which have no force of law; an order
declaring any step taken or any further
step to be taken in relation to the
industrial action by ASUU, agents,
privies, assignors, sympathizers,
successors or any person whatsoever by
whatever name so-called as illegal,
unlawful and unconstitutional and an
interim order restraining any other trade
union and association from joining,
participating and aligning with the ASUU
strike.