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Wednesday, October 5, 2022

Court fixes Thursday to hear ASUU’s appeal; judge advises parties to settle out of court

The presiding judge, Hamma Barka, leading two other justices, consequently fixed Thursday to hear ASUU’S application.

• October 5, 2022
Chris Ngige, The Court of Appeal and Emmanuel

The Court of Appeal has fixed Thursday to entertain the suit filed by the Academic Staff Union of Universities (ASUU) seeking a stay of execution of the ruling of the National Industrial Court, which ordered it to call off the strike.

When the matter was called on Wednesday, counsel to ASUU, Femi Falana, told the court that he had two applications before the court but wished to withdraw one, and the court granted his request.

Mr Falana told the court that he had served the preferred application to the federal government and had proof of service.

Counsel to the federal government, James Igwe, however, told the court that it was the withdrawn application that he had seen and responded to.

Mr Igwe said in the light of the new development, he needed time to respond to the application, which he said he intended to oppose.

The presiding judge, Hamma Barka, leading two other justices, consequently fixed Thursday to hear ASUU’S application.

Earlier, one of the justices, Biobele Georgewill, advised both counsels to meet and evolve a solution to settle the ASUU-FG impasse out of court.

“As senior lawyers, for the sake of the children and our lawyers, have a discussion among yourself, leave the litigants out and agree on a way forward.

“The nation will appreciate you for it,” Justice Georgewill said.

In an interview with journalists, Mr Igwe expressed optimism that he and Mr Falana would agree before the sitting tomorrow.

Mr Falana also said that following his experience at the National Industrial Court and the Industrial Arbitration Panel, his client also wants an amicable resolution to the matter.

The National Industrial Court, on September 21, ordered ASUU to call off the strike.

The court granted the motion on notice filed by the federal government, urging the lecturers to return to classrooms.

Ruling on the interlocutory injunction, the trial judge, Polycarp Hamman, restrained ASUU from continuing with the industrial action pending the determination of the suit filed against ASUU by the federal government.

Miffed by the ruling, the union headed to the appellant court to appeal the verdict.

(NAN)

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