ASUU STRIKE: Group Drags Union To Court

THE strike action embarked upon by university lecturers has
assumed another dimension as the Academic Staff Union of
Universities (ASUU) has been dragged before the National
Industrial Court of Nigeria (NICN) over the lingering strike action.
The suit, with the number NICW/Abj/242/2013 which also has
ministers of labour and productivity, education, finance and justice,
as well as secretary to the government of the federation as
defendants, was instituted by the registered trustees of Golden
Women of Integrity and Vision Association and Mrs. Florence Uche
Ojieh.
In the suit, the claimants are asking the court to determine whether
the strike action embarked upon by ASUU is not illegal and contrary
to law and whether members of the union are not bound by the
policy of ‘no work no pay’ and therefore not entitled to their salary
during the period of the strike.
They also asked the court to determine whether members of ASUU
are entitled to continue to retain their employment, having
abandoned or deemed to have abandoned their work in the
universities; whether or not the union complied with the mandatory
provisions of Section 4 and 5 of the Trade Dispute Act CAP T8 LFN
2004 before embarking on the strike; whether the union has complied
with the provision of Section 8 of the Trade Disputes Act CAP T8
LFN 2004; whether or not the minister of education is not entitled
to determine the employment of the union, same having abandoned
or deemed to have abandoned their work in their universities and
whether or not the doctrine of collective bargain or the purported
2009 agreement can be the basis for the strike action by ASUU
same not having been incorporated in their contract of employment
between it and the federal government.
The reliefs sought by the claimants include a declaration that the
strike action embarked upon by ASUU since July 2, 2013 is illegal,
unconstitutional, null and void.
Other reliefs are an order of mandatory injunction directing the
union to go back to work immediately and unconditionally; an order
directing the union to return or refund all monies paid to it by the
federal government in error or otherwise; an order directing ASUU
to return to the negotiation table and a declaration that the strike
action is illegal, unconstitutional, null and void.