After seven months of intense face-ff between the federal government and the Academic Staff Union of Universities (ASUU), the issue has taken a legal dimension with opposing suits challenging either parties, filed at the National Industrial Court of Nigeria (NICN) Abuja.
As things stand, the court has summoned the two warring parties to appear before it Monday.
The summon was consequent upon the referral to the NICN over the industrial crisis by Minister of Labour and Employment Senator Chris Ngige.
Among other reliefs, the government asked the court to order ASUU to resume academic activities.
And in what may be a counter move, the Socio-Economic Rights and Accountability Project (SERAP) and five university students, also filed a suit asking the court to “declare unlawful the refusal by the Federal Government to meet ASUU’s demands.”
Court’s summons
And in a response, the NICN, in a letter of summon, dated September 9, asked Minister of Education Adamu Adamu, Attorney-General and Minister of Justice Abubakar Malami (SAN), Minister of Labour and Productivity Ngige and ASUU President Professor Emmanuel Osodeke to appear before it.
FG’s referral instrument
Prior to the summon, the federal government had written a letter, dated September 8, 2022, referring the dispute to the NICN.
In the letter titled ‘Forwarding of a Referral Instrument in the Trade Dispute Between the FG/Federal Ministry of Education and ASUU,” the federal government wrote: “Please find attached three original copies of a Referral Instrument regarding the trade dispute between the FG /Federal Ministry of Education and ASUU for adjudication by the National Industrial Court of Nigeria.
“The Referral Instrument is raised in line with powers vested on the Honourable Minister of Labour and Employment by trade dispute resolution mechanisms and the provision of Section 17 of the Trade Dispute Act. CAP. T8 Laws of the Fderation of Nigeria (LFN), 2004.
“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 he appreciated if this dispute is given an accelerated hearing in order to bring the dispute to an end.”
It further said: “The addresses of the parties in dispute are as follows: President, Academic Staff Union of Universities (ASUU) c/o ASUU Secretariat University of Abuja. ii. Honourable Minister of Education, Federal Ministry of Education, Federal Secretariat Phase Il, Shehu Shagari Way, Abuja. iii. Honourable Minster of Justice and Attorney-General of the Federation, Shehu Shagari Way, Abuja. iv. The Honourable Minister, Federal Ministry of Labour and Employment, Shehu Shagari Way, Abuja.”
The government asked the NICN to “inquire into the legality or otherwise of the on-going prolonged strike by ASLU leadership and members which had continued even after apprehension by the Minister of Labour and Employment.
“Interpret in its entirety the provisions of Section 18, LFN 2004 especially as it applies to cessation of strike once a trade dispute is apprehended by the Minister of Labour and Employment and conciliation is on-going.
“Interpret the provisions of Section 43 of the Trade Disputes Act CAP T8. LFN 2004 titled “Special Provision with Respect to Payment of Wages During Strikes and Lockouts” specifically dealing with the rights of employers and employees/workers during the period of any strike or lock-out. Can ASUU or any union that embarked on strike be asking to be paid salaries even with the clear provision of the Law?
“Determine whether ASUU members are entitled to emolument or “strike pay” during their period of current strike which commenced on February 14, 2022, more so in view of our national law as provided in Section 48 of the Trade Disputes Act and the International Labour Principles on the Rights 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 deploy University Transparency and Accountability Solution (UTAS) developed by ASUU in the payment of the wages it its members as against Integrated Payroll and Personnel Information System (IPPIS) universally used by the Federal Government in the nation for payment of wages of all her Employees (Workers) in the Federal Government Public Service of which university workers including ASUU members are part of, even where the Government via NITDA subjected the ASUU and their counterpart SSANU/NASU, UPPPS University Payment Platform System software to integrity test (Vulnerability and Stress Test) and they failed same.
“Determine the extent of fulfilment of ASUU’s demands by the Federal Government as follows since the 2020 Memorandum of Action with Federal Government : Funding for Revitalisation of Public Universities as per 2009 Agreement, Earned Academic Allowances (EAA) payments, State Universities Proliferation, Constitution of Visitation Panels/Release of White Paper on report of Visitation Panels, Reconstitution of Government Renegotiation Team for the renegotiation of 2009 Agreement which was renegotiated 2013/2014 and due for re-negotiation by 20/8/2019, and The migration of ASUU members from IPPIS to University Transparency and Accountability Solution (UTAS) developed by ASUU which is currently on test at Nigeria Technological Development Agency’ NITDA.
“Issue ORDER for ASUU members to resume work in their various Universities while the issues in dispute are being addressed by the NICN in consonance with the provisions of Section 18 (1) (b) of the Trade Act. CAP, 18. LFN 2004.”
SERAP, students drag Buhari, Ngige to court
In a related development, SERAP and a group of five university students have filed a suit against President Muhammadu Buhari, asking the NIC to “declare unlawful the refusal by the Federal Government to meet ASUU’s demands, which has occasioned the prolonged strike action and violated the students’ right to quality education.”
Joined in the suit as defendants are Ngige and Malami.
The suit followed the failure of the federal government to implement the agreements with ASUU and to end the over seven-month-old industrial action by the union, and the threat by the government to implement its “no work, no pay” policy.
In the suit number NICN/ABJ/269/2022 filed last week at the National Industrial Court, Abuja, the plaintiffs are seeking: “an order directing President Buhari and Mr. Ngige to immediately implement all the agreements with ASUU in order to end the strike action and violation of the students’ right to quality education.”
They said: “Disruption of classes undermines both the quality and duration of students’ education. This situation has aggravated existing disparities in access to university education in the country, further marginalizing economically disadvantaged parents and students.”
In the suit filed by their lawyer, Tayo Oyetibo (SAN), read in part: “The Federal Government has failed to respect, protect, promote and fulfill the right to quality education, and the right to freedom of association through the principle of collective bargaining.
“Although Nigeria has ratified several human rights treaties, which guarantee the right to quality education of Nigerian students, the Federal Government has over the years refused to meet the demands by ASUU, and to address the poor environment in the country’s universities.”
In the suit, the co-claimants are Dongo Daniel Davou; Oyebode Joshua Babafemi; Ejie Kemkanma; Peter Itohowo Aniefiok; and Imam Naziru-all students of Plateau State University, Obafemi Awolowo University, University of Port Harcourt, University of Uyo, and University of Ibadan respectively.
“The failure to implement the agreements with ASUU is also a fundamental breach of the right to education without discrimination or exclusion, as strike actions continue to penalize economically disadvantaged parents who have no means or capacity to send their children to private schools.
“Equal access of Nigerian children and young people to quality and uninterrupted education including at the university level would contribute to producing citizens who are fundamentally equal and people who actively participate in society.
“It would enable people to enjoy the rights as well as fulfill obligations that are associated with citizenship,” they further prayed.
In their prayers, the plaintiffs asked the court to declare “that the refusal of the Defendants to implement the terms of the FGN-ASUU Renegotiated 2009 Agreements and the 2020 Memorandum of Action which has occasioned the prolonged strike action is unlawful, inconsistent and incompatible with Nigeria’s human rights obligations and violates the students’ right to quality education.”
They also declared “that the acts of the Defendants and their agents in withholding the remunerations of the members of ASUU for the period of the strike while at the same time paying members of sister staff unions is discriminatory and in violation of ASUU members’ right to freedom of association, right to strike and collective bargaining.”
Consequent upon the above, SERAP and the students prayed the court for an order “directing the Defendants and their agents to implement forthwith the terms of the Renegotiated 2009 Agreement and the 2020 Memorandum of Action in order to put an end to the strike action and desist from further violation of the rights of the Nigerian students to quality education.”
They also asked for an order “mandating the Defendants and their agents to immediately release and pay all the withheld and outstanding remunerations, salary, allowances and other emoluments both for the period and outside the period of the current strike action to all members of ASUU.”
Similarly, they asked for a “perpetual injunction restraining the Defendants and their agents from unlawfully reneging, rescinding and/or refusing to implement the Renegotiated FGN-ASUU 2009 Agreement and the 2020 Memorandum as well as;
“Such further orders the Honourable Court may deem fit to make in the circumstances of this suit.”
A date for the suit was yet to be fixed as at the time of this report.
We won’t be intimidated – ASUU
Meanwhile, the university teachers Sunday said no amount of negative propaganda against the union will do any magic in resolving the 7-month-old nationwide strike.
ASUU, in a statement made available to journalists in Ibadan, Oyo state, specifically cautioned the Pro-Chancellor Osun State University Malam Yusuf Olaoluwa Alli (SAN), to stop his alleged antagonistic posture against the union.
The union, in the statement signed by the Lagos Zonal ASUU Coordinator, Dr Adelaja Odukoya, accused Alli of allegedly showing hatred for the union, especially on the ongoing strike by its members.
“ASUU is neither unnecessarily belligerent nor happy that our public universities have been shut for over 200 days, however, it is important to state that in resolving the current impasse, no amount of bellicosity and negative propaganda against our union will do any magic.
“Our members as teachers and parents are no less concerned that a simple matter has been allowed to fester this long by those who should know better. We love Nigeria and our patriotic struggle is aimed at ensuring that Nigeria takes its assured place in the comity of civilized nations by fixing her public university system in the interest of all,” he said.
ASUU further said: “For the umpteenth time, we wish to state that at no time did our union have any disagreement with the Federal Government, all we had was an agreement which the Federal Government has regrettably failed, refused and neglected to implement!”
While frowning at what it called Alli’s alleged unending attack on ASUU, the statement maintained that the union had no personal grudge against the legal luminary.
“Lastly, our union has no personal grudge against Mallam Yusuf Ali, but will not sit idly watching his unprovoked ‘public enemy’ stance.
“With due respect to the learned silk, his stance on the current crisis in the Nigerian public university system is insensitive, self-serving, retrogressive and capable of introducing a dangerous dimension to the already volatile situation.
“To start with, Malam Yusuf Ali, SAN, for whatever reason, nurses a king-size grudge and animosity against ASUU, which he takes pleasure at reviling at the drop of the hat. Recently, he showed his hands as one of the secret sponsors of the ill-fated Congress of Nigerian University Academics (CONUA), when he came out calling for the registration of the group,” ASUU said.
It said his alleged ” threat that state universities will not respect the outcomes of ASUU/Government negotiations is a regrettable betrayal and scant respect for the principles of labour relations, especially as it relates to the fixing of emoluments for workers operating under the umbrella of a trade union like ASUU and its members.
“Without exaggeration, six-five (65%) percent of the major structures in the six campuses of UNIOSUN and indeed the main campus, Oshogbo, ranging from lecture theatres, laboratories, offices and other central infrastructure are TETFUND and NEEDS Assessment projects” and that “similarly, 70% of staff who obtained higher degrees abroad are through TETFUND interventions.”
