The National Industrial Court (NIC) in Abuja will today begin hearing in the suit filed by the Federal Government against the Academic Staff Union of Universities (ASUU) over the seven months strike.
The case is scheduled for mention at 9 am, and the Federal Government is asking the court to determine whether the strike by ASUU is legal or not.
In a statement yesterday, the Head of Press and Public Relations at the Ministry of Labour and Employment, Olajide Oshundun, said the Federal Government took the decision after dialogue between it and ASUU failed.
The government wants the NIC to order ASUU members to resume work, while the issues in dispute are being addressed by the court.
The Government through the Minister of Labour and Employment, Dr. Chris Ngige, filed a referral before the court for an accelerated hearing of the suit.
The referral instrument addressed to the Registrar was raised in line with the powers vested on the Minister by trade dispute mechanism and the provisions of Section 17 of the Trade Dispute Act. CAP. 18, Laws of the Federal Republic of Nigeria (LFN).
The document dated September 8, 2022, and signed by the Minister reads: “We have referred (the dispute to the NIC) and all parties FGN/ FMEd/HAGF/ASUU have been served for appearance and hearing at NiCN for 9am tomorrow Monday.
“Please find attached three (3) original copies of a Referral Instrument regarding the trade dispute between the Federal Government of Nigeria /Federal Ministry of Education and The Academic Staff Union of Universities (ASUU) for adjudication by the National Industrial Court of Nigeria (NICN).
“In view of the fact that ASUU members have been on strike since February 14, 2022, and have refused to call off the action despite apprehension of same, it would be appreciated if this dispute is given an accelerated hearing in order to bring the dispute to an end.”
Specific demands
Also, the government wants the court to interpret in its entirety the provisions of Section 18 LFN 2004, especially as it applies to the cessation of the strike once a trade dispute is apprehended by the Minister of Labour and Employment and conciliation is on-going.
In view of the fact that ASUU members have been on strike since February 14, 2022, and have refused to call off the action despite apprehension of same, it would be appreciated if this dispute is given an accelerated hearing in order to bring the dispute to an end.
Other requests made by the government to the court are:
- “Interpret the provisions of Section 43 of the Trade Dispute Act, Cap T8. LFN 2004, titled: “Special Provision with Respect to payment of wages during Strikes and Lock-outs,” specifically dealing with the rights of employees/workers during the period of any strike or lock-out. Can ASUU or any other union that embarked on strike be asking to be paid salaries even with clear provisions of the law?
- “Determine whether ASUU members are entitled to emoluments or “strike pay” during their period of strike, which commenced on February 14, 2022, more so in view of our national law as provided in Section 43 of the TDA and the International Labour Principles on the right to strike as well as the decisions of the ILO Committee on Freedom of Association on the Subject.”
- “Determine whether ASUU has the right to embark on strike over disputes as is the case in this instance by compelling the Federal Government to employ its own University Transparency Accountability Solution (UTAS) in the payment of the wages of its members as against the Integrated Payroll and Personnel Information System (IPPIS) universally used by the Federal Government in the nation for payment of wages of all her employees in the Federal Government Public Service of which university workers including ASUU members are part of or even where the government via NITDA subjected ASUU and their counterpart UPPPS university payment platform system software to integrity test (vulnerability and stress test) and they failed.”
The Federal Government also wants the court to determine the extent of ASUU’s demand since the 2020 Memorandum of Action (MOA) that the union signed with the government.
The demands include the funding for revitalisation of public universities as per the 2009 agreement, Earned Academic Allowances (EAA) payments, state universities proliferation and constitution of visitation panels and release of a white paper on the report of the visitation panels.
The others are the reconstitution of the government renegotiation team for renegotiation of the 2009 agreement, which was renegotiated in 2013/2014, due for renegotiation in 2018/2019 and the migration of ASUU members from IPPIS to its own UTAS, which is currently on test at NITDA. (main content from Channels TV)
