Industrial Court Lacks Power To Rule On FG/ASUU Case

Femi Falana, SAN, human rights lawyer, has argued that the National Industrial Court (NIC) doesn’t have jurisdiction to rule on the case between the Academic Staff Union of Universities (ASUU) and the federal government.

Recall that on Wednesday, Polycarp Hamman, the judge in the NIC, granted an application by the federal government’s application for an interlocutory injunction to restrain ASUU from continuing with its ongoing strike.

However, commenting on the court decision on Sunrise Daily, a Channels Television programme, on Friday, Falana said this is the first time a case of such nature would be brought before the industrial court.

He said due process was not considered and taken by the federal government before filing the case before the industrial court.

“This is the first time in the history of that court that we have been told that the minister can refer a case to the national industrial court without going through the Industrial Arbitration Panel (IAP),” he said.

“Because the NIC under the current labour law regime in Nigeria is an appellate chamber of the AIP. So, it is an appellate court. It is only when individuals are sacked that you want to challenge your employer or there are intra or inter-union disputes that you approach the national industrial court.

“There must be meditation, conciliation and arbitration under the law.

“[It was wrong to approach the court] we tried to explain to the court, and the court said they would look at that later.

“We made clear to the court and submitted more than six cases where the same court as warned the minister consistently that you cannot come here without originating your case in the IAP if it relates to trade disputes.

“The court so found that this is a trade dispute, and that there was no reference to the IAP, but the court in its wisdom decided to intervene, and the only way you can show your dissatisfaction is to approach the appeal court which ASUU has decided to do.”