As Nigerians prepared for this year’s valentine celebration, the Academic Staff Union of Universities announced that it was commencing its warning strike over the failure of the Federal Government to fulfil the contractual obligations it entered with the Union some months earlier.



To be sincere, most Nigerians including myself are not pretty sure what the details of the agreement in question entails, but it certainly includes demands on salaries/allowance, improved funding for the universities and a change in the payment platform. As a true Nigerian, this is not new. Every time, almost in every academic session, the Union and the Government always have issues that leads to this strike.



However, this particular strike has taken a turn that has left the Union, and in fact, most Nigerians in shock. The Federal Government legitimately sued the Union. This is quite strange, because this is usually not the case. On the contrary, it is always the other way around. Most often than not, it is the Government that is dragged to court by either individuals, unions etc, for one reason or the other. In fact, I believe this must have come as a shocker to the Union.



As at when this article was being written, the internet, media and streets of Nigeria have been engaged with arguments and counter arguments. The topic for discussion is the first outcome of the law suit. The National Industrial Court of Nigeria (NICN), the court established solely for the purpose of settling disputes between employers and employees delivered its ruling per Honourable Justice P.I. Hamman, on the 21st day of September, 2022. The Ruling was clear and straightforward, the Union was ordered to suspend its indefinite strike or any strike action pending the determination of this main suit.



WHAT IS THE PROBLEM?

The problem is that the members of the Union are very bitter about the ruling and do not want to believe that they have been ordered by the Court to suspend the strike action, which is the only tool they believe they have against the Federal Government.



First and foremost, let me start by saying this, that the ruling of the Court is not the final judgment of the Court. The procedure most likely went like this:

The FG sues ASUU praying the court for certain reliefs, but before the Court could hear the matter and give its final judgment (which would probably be in like four or five months’ time), the FG quickly brought what we lawyers call “An Application for Interlocutory Injunction”. What this means is that, the FG brought a separate Application pleading with the court to ask ASUU to suspend its strike until whenever the court gives its final judgment. If at the end of the case, the Judgment is in ASUU’s favour, the Union can then proceed to do whatever it pleases.



The FG came under section 18(1)( e) of the Trade Dispute Act 2004 which states that an employer (FG) shall not declare or take part in a lock and a worker(ASUU) shall not take part in a strike in connection to any trade dispute where the dispute has subsequently been referred to the National Industrial Court. The Federal Government running to the NICN on the 8th of September, 2022 was definitely a well calculated move.



Apart from the Trade Dispute Act that the FG relied on in seeking this order from the Court, the FG had to prove some requirements before the order could be granted in their favour. One of such requirements is called the balance of convenience. I would love to speak a little on this, because I believe that this was what the FG used in swaying the mind of the Court in its favour. The Balance of Convenience simply means, if the order is not granted, which of the parties (as in this case, the FG or ASUU) would most likely suffer untold damage. That is, who actually stands to lose more.



In this case, it is obvious that the FG pushed out the plight of the Nigerian students and impressed it on the Court.
To continue; https://primlegal.com/ASUU-still-in-shock/

Damned Country
Pray for our dear Nation