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ASUU Strike: Lawyer Gives Legal Interpretation to Court Order Asking Speakers to Resume

  • Emerging details about the complexities involved in the court’s decision that ordered ASUU to resume explained
  • Renowned Constitutional Lawyer Adoyi Abakpa Says Federal Government Cannot Fire Speakers
  • He also said that a court order must be respected before even seeking redress from the court of appeal.

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Rivers, Port Harcourt – Popular Port Harcourt and constitutional lawyer, Adoyi Abakpa, has given a legal interpretation to court orders asking the Universities Academic Staff Union, ASUU, to return to class.

A court order following a lawsuit filed by the federal government had asked ASUU to return to class. The National Industrial Court of Nigeria (NICN) issued the order on September 28.

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Just in: Finally When ASUU Will Call Off Strike Finally Revealed

ASUU, federal government
The Academic Staff Union of Universities (ASUU) strike is in its 8th month since it was declared on February 14. Photo: Union of University Academic Staff
Source: Facebook

The ASUU has been on strike since February 14 to protest the federal government’s refusal to honor its part of the agreement reached several years ago.

But despite the order asking the ASUU to call off the strike, the universities remained closed even though the ASUU was granted permission by the court to appeal the case, on the condition that they must call off the strike. in progress pursuant to an order of the Labor Court. . An order from the Court of Appeal rendered the new judgment.

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Speakers cannot be coerced – Abakpa

Reacting to the developing situation, Abakpa said that while ASUU must obey the judgment, as every court order, good or bad, must be obeyed, the union cannot be compelled to rescind. the strike, because it would be contrary to his fundamental rights.

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He said:

“Given the constitutionality of requiring the ASUU to strike by court order, every court order is meant to be obeyed. It’s a rule. It doesn’t matter how wrong the judgment or the order seems.”

Abakpa said the only way to oppose such a judgment is to follow the regular appeal process. He said that unless this is done, the order should be obeyed.

According to him:

“The only way for anyone to avoid the effect of this judgment or order is to follow due process and due process, in this case, is to seek a stay of execution.

You file a notice of appeal stating that you are not satisfied with the judgment, then you file a motion for a stay of execution. Once this is done, the status quo remains, the strike continues and you cannot coerce them.

There is a constitutional provision that says that no person, no citizen, no person shall be compelled to work, or to go to work, or to return to work, or to perform any function in the form of employment against his will. . It is a constitutional provision.

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Strike: The real reason ASUU cannot win in any court in Nigeria

The law court cannot force anyone to go to work. He has the right to withdraw his services. And this is where the right to strike is articulated under the constitution. This is what the ASUU does.

Why the government can’t fire teachers

Explaining why professors cannot be fired under any circumstances, Abakpa said:

“They are exercising a constitutional right and a fundamental right for that matter because it is enshrined in Chapter 4 which is sacrosanct. All other laws are subject to this provision. It is therefore not for any judge to say to return to work. How are you going to apply it? You cannot impose it.

If you fire someone on that basis, the person will go to court and assert the right to strike. There are judgments that do not stand the test of time on appeal.

These are political judgments as the federal government tries to save face. Is the government even supposed to go to court? Don’t they have the resources to end the strike?

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BREAKING: Appeals court issues final verdict on ASUU strike

Recall that the ASUU has been on strike for more than 8 months and that all demands to end industrial action have failed.

The federal government has consistently engaged the union, promising to deliver on its part of the promises once the ASUU calls off its strike.

But the universities remained closed despite several meetings. This resulted in a legal tussle between the union and the government.

ASUU says indefinite strike to begin, details

Earlier, the ASUU said it was tired of having fruitless meetings with the federal government over its demands.

The union said it had therefore decided to go on an indefinite strike until governments respond to its demands.

Speakers said the government should first follow through on the promises it has already made if it wants the union to listen.