BY; News Peddlers
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The Academic Staff Union of Universities' (ASUU) lawyer, Femi Falana, has criticized the National Industrial Court's order that striking lecturers return to work, citing a violation of due process.
Mr Falana said on Channels TV on Friday that President Muhammadu Buhari's administration did not follow the standard procedure of presenting its case before the Industrial Arbitration Panel (IAP) before referring the matter to court.
He also clarified that the court is an appellate chamber of the IAP, which means that its jurisdiction is limited to hearing appeals on cases decided by the IAP.
"This is the first time in the court's history that we have been told that the minister can refer a case to the National Industrial Court without first going through the Industrial Arbitration Panel (IAP)," Mr Falana emphasized.
"Because the NIC, under the current labor law regime in Nigeria, is an appellate chamber of the IAP," he added. "As a result, it is an appellate court. Only when individuals are fired and you want to challenge your employer, or when there are intra or inter-union disputes, do you go to the National Industrial Court."
Mr Falana also stated that the court had repeatedly warned the labor minister that cases involving trade disputes must come from the IAP, and that the decision would be appealed.
"We made it clear to the court and submitted more than six cases in which the same court consistently warned the minister that you cannot come here without first originating your case in the IAP if it relates to trade disputes," Mr Falana explained. "The court determined that this is a trade dispute with no reference to the IAP, but the court in its wisdom decided to intervene, and the only way you can show your dissatisfaction is to approach the appeal court, which ASUU has decided to do."
Mr. Buhari's regime had asked the court for an interlocutory injunction to force ASUU to call a strike, which Polycarp Hamman granted.
(CHANNELS TV)