After the courtroom ruling in regards to the ASUU case

I’ve learn many feedback in regards to the ruling of the Nationwide Industrial Court docket on the ASUU case. The courtroom has given an order of interlocutory injunction restraining the Tutorial Workers Union of Universities (ASUU) “ by themselves, members, brokers, servants, privies or howsoever known as from taking additional steps and doing any act or in any other case persevering with with the indefinite strike or any strike motion pending the listening to and dedication of the go well with/referral to this Honourable Court docket dated eighth September 2022 made on the occasion of the Minister of Labour and Employment as a matter of nationwide curiosity pursuant to his powers underneath Part 17 of the Commerce Disputes Act.”

I feel many individuals ought to pay attention to the plethora of legal guidelines in Labour relations in Nigeria. The Commerce Disputes Act, for instance, is a really cardinal legislation on the difficulty of Union actions.

Part 18 of the Commerce Disputes Act supplies as follows:

“18 (1) An employer shall not declare or participate in a lock-out and a employee shall not participate in a strike in reference to any commerce dispute where-

(a) the process laid out in part 4 or 6 of this Act has not been complied with in relation to the dispute; or

(b) a conciliator has been appointed underneath part 8 of this Act for the aim of effecting a settlement of the dispute; or

© the dispute has been referred for settlement to the Industrial Arbitration Panel underneath part 9 of this Act; or

(d) an award by an arbitration tribunal has grow to be binding underneath part 13(3) of this Act; or

(e) the dispute has subsequently been referred to the Nationwide Industrial Court docket underneath part 14(1) or 17 of this Act; or

(f) the Nationwide Industrial Court docket has issued an award on the reference.”

The Federal Authorities was sensible sufficient to deliver this Utility towards ASUU underneath this legislation. This part binds each the employer and the worker and limits their actions as soon as there’s strike motion. Part 18(2) of the Commerce Disputes Act criminalises any contravention of part 18(1) by imposing a high-quality of N 100 or imprisonment of six months for a person or a high-quality of N 1,000 for a physique company.

So the place will we go from right here?

1. ASUU should obey this order or attraction towards it. However would an attraction result in any totally different resolution? I don’t suppose so. Maybe the courtroom of attraction might even demand obedience earlier than listening to the attraction. Keep in mind, the case was primarily based on the powers of the Minister underneath Part 17 of the Commerce Disputes Act and nationwide curiosity. Which choose will say persevering with a 7-month-old strike is within the public curiosity? ASUU and its members have had a number of beneficial judgements from this courtroom. Obeying this ‘destructive resolution’ will present their dedication to the rule of legislation. Obeying courtroom orders is the proper factor to do.
2. The federal government also needs to contemplate how rapidly it may well resolve the difficulty with our Increased establishments, the Unions, together with ASUU and the schooling ecosystem. Our universities usually are not in the most effective form, and we have to act urgently. I consider the federal government ought to withdraw from direct interactions with the Unions and permit the Councils to take the lead. The councils as employers of labour ought to urgently act to enhance the working situations of employees. We should alleviate the situations of our universities and the stakeholders. Many college councils have been ineffective of their responsibility and have refused to take decisive actions to take the Universities to larger heights.
3. The courtroom ruling doesn’t cease additional negotiation and consultations. The negotiations ought to proceed, and the Home of Representatives, led by the Speaker, Femi Gbajabiamila, ought to proceed with their promise to satisfy the President in regards to the situation.
4. The Court docket has to make sure an accelerated listening to of the matter. This can be within the curiosity of the case, the schools and the courtroom itself. The courtroom has a chance to show that it dispatches instances quicker than different courts in Nigeria.

This case isn’t concluded. So, it’s not a remaining victory for the federal government. ASUU might nonetheless go to courtroom to implement their Collective settlement. I’ve at all times argued that that is what ASUU ought to have finished since this strike began. However they didn’t, and the federal government acquired to courtroom earlier than them. Let me finish with an adaptation of the saying, “na who first go courtroom go first get higher listening to.“

Abayomi Fawehinmi is captivated with excellence in management, Human Growth, Training and Nation constructing. Tweets: @yomitheprof

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