ASUU

Strike : A’Court justices admonish FG, ASUU lawyers to reach out of court settlement

The admonition came from two of three members panel of justices of the Court of Appeal Abuja on Wednesday, just as a panel set up to hear ASUU appeal shifted hearing till today.

The panel comprising Justices Hamma S. Barka, Biobele Abraham Georgewell and justice I.B.Gafai had sat to hear motion filed by ASUU lawyer Chief Frmi Falana SAN on September 28,2022.

When the matter was called, yesterday afternoon Federal government lawyer James Igwe SAN, informed the panel that he has not received the motion.

Presiding Justice, Barka asked Falana why the counsel was not served. Falana said that Court record will bear him out that the respondent was served.

Barka directed the court clerk to show the proof of service to Igwe the respondent counsel. Igwe sighted it and acknowledged that there was service but observed that he would have been served instead of Attorney General of the Federation his client. The Court interjected and overruled him, that the service was proper as it was an appeal.

On the directive of Justice Barka , the appellant lawyer, Falana availed the respondent counsel Igwe a copy of the motion.

Igwe , in responses to the panel inquiry said he will contest the motion which seeks ” stay of execution of National Industrial Court judgment”. He informed the court that he will file his respond to the motion tomorrow.

Justice Georgewell said that the two lead counsel are senior lawyers who ought to have taken the initiative and resolve the dispute amicably and safe the education sector.

He charged both lawyers to do something between now and tomorrow and report back their resolution. “We know what the law says, keep the law aside between both of you and reach amicable resolution that would give both sides satisfaction”, he admonished.

Igwe said he had told Falana that two of them should resolve this matter. Falana said he was the first to suggest it to Igwe when they met at the National Industrial Court. Both lawyers then accepted the admonition of the Court and agreed to meet .

Earlier, at the commencement of the court sitting, Justice Georgewell had sought to disqualify himself from participating in the panel . He had asked the lead lawyers if any of the parties was opposed to his participation in the panel, being a brother to the Vice Chancellor University of Pot Harcourt. But both of them said they are not objecting to his participation in the panel.

Recalled that the National Industrial Court had on September 21 ,2022 in it’s ruling in an interlocutory application ordered the Academic Staff Union of University, ASUU, to immediately call off it’s seven months old strike.and return to the classroom.

The judge, Polycarp Hamman had ruled that “the interlocutory application is meritorious and hereby granted, pending the determination of the substantive suit.” He however returned the case file to the Chief Judge for reassignment to another judge for the hearing of substantial matters.

Dissatisfied with the judgment, ASUU, had lodged the present appeal.