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.
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.?
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