Falana: National Industrial Court lacks authority to rule on the ASUU strike

[justseyi]

Falana: National Industrial Court lacks authority to rule on the ASUU strike.

The National Industrial Court’s directive that academics on strike return to their jobs has been criticized by ASUU’s attorney, Femi Falana, who cites a breach of due process.

The National Industrial Court’s directive that academics on strike return to their jobs has been criticized by Femi Falana, counsel for the Academic Staff Union of Universities (ASUU), citing a breach of due process.

On Friday, Mr. Falana claimed in an interview with Channels TV that the administration of President Muhammadu Buhari had not followed the customary process of presenting its case before the Industrial Arbitration Panel (IAP) before sending the matter to court.

Additionally, he made clear that the court has the authority to hear appeals in matters that the IAP has decided because it is an appellate chamber of the IAP.

“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),” Mr Falana stressed.

Because the NIC is an appellate chamber of the IAP under Nigeria’s current labor law system, he continued. It is therefore an appellate court. You can only go to the National Industrial Court if someone has been fired from their job or if there are conflicts inside or between unions.

Mr. Falana added that the ruling would be appealed and that the court had already cautioned the labor minister that cases involving trade disputes must first come from the IAP.

According to Mr. Falana, “We made it obvious to the court and cited more than six cases where the same court continually cautioned the minister that you cannot come here without initiating your action in the IAP if it relates to trade disputes.” However, the court in its wisdom chose to interfere, and the only way you can express your discontent is to approach the appellate court, which ASUU has opted to do. “The court so found that this is a trade dispute and that there was no reference to the IAP,” the court stated.

Mr. Buhari’s administration had asked the court for an interlocutory injunction to compel ASUU to call off its strike, and Polycarp Hamman granted its request.

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