ASUU Vs FG: Court Grants Striking Lecturers Conditional Leave To Appeal

Posted by Thandiubani on Thu 13th Oct, 2022 - tori.ng

Recall that Justice Polycarp Hamman of the National Industrial Court directed ASUU to return to classrooms after eight months of Strike.

The Court of Appeal sitting in Abuja has granted conditional leave to the Academic Staff Union of Universities to appeal the decision of the National Industrial Court of Nigeria delivered on the 21st of September.

In a ruling delivered by Justice Hamman Barka on Oct 7th and made public today, the court granted ASUU 7 days to file its notice of appeal before the National Industrial Court on the condition that the order of the lower court is obeyed immediately.

This comes after Justice Polycarp Hamman of the National Industrial Court had directed ASUU to return to classrooms after eight months of Strike.

ASUU which was not pleased with the ruling had on the 28th of September applied to the Court of Appeal to grant it leave to appeal against the interlocutory order of Justice Polycarp Hamman.

The union also asked for an order staying the execution of the decision of the National Industrial Court pending the hearing and determination of its appeal.

ASUU also held that the ruling of the National Industrial Court affects its members’ right to a fair hearing and it would be in the interest of justice to stay the execution of the decision pending the hearing and determination of its appeal.

The reliefs were brought under Section 6(6) (b), 36 (1) and 243 (3) of the 1999 constitution as amended and Order 6 Rule s 1(1), and Order 10 (1) of the Court of Appeal Rules 2021.

Meanwhile, Justice Hamman Barka in a ruling delivered on October 7th and released today (Thursday), granted ASUU seven days to its notice of appeal before the National Industrial Court on the condition that the order of the lower court is obeyed immediately.