IBADAN, Nigeria (VOICE Of NAIJA)- The National Industrial Court has fixed Wednesday, September 21 to rule on the application for an interlocutory injunction filed by the Federal Government against the Academic Staff Union of Universities (ASUU).
Justice Peter Hamman fixed the date on Monday after the lead counsel to the Federal Government, Mr James Igwe, argued his application seeking an order of the court restraining ASUU from further continuing with the ongoing nationwide strike.
At the resumed sitting on Monday, counsel to the FG, James Igwe SAN, urged the court to hear his application which sought a restraining order against industrial action by the Academic Staff Union of Nigeria, ASUU which began since February 14.
He said the application should be given accelerated hearing pending the determination of the main suit against the union.
But Counsel to ASUU, Femi Falana SAN, who had earlier affirmed that he was served with the FG’s Interlocutory injunction, raised an objection on Monday.
Falana told Justice Polycarp Hamman that he has a preliminary objection(filed on September 16) against the FG’s motion and main suit.
Falana’s objection challenges the jurisdiction of the court to hear the application.
“We are of the humble view that since this objection challenges the jurisdiction of this court to entertain the interlocutory injuction, it ought to be taken first,” Falana said.
But James Igwe accused Falana of trying to hijack the business of the day and keep students out of school.
Igwe said that Falana’s objection is not due or ripe for hearing until about two or seven days.
He maintained that his application was slated for hearing today based on the order of court and only an appeal can review the business of day.
“His objection was served on me today
“Hear the interlocutory injunction in national interest and in the interest of millions of students who have been locked out of school.
“I urge your lordship to proceed with the business of today, as I speak there is no appeal challenging today’s hearing,” Igwe said.
In his ruling, the judge said the law provides that the motion on notice be heard immediately.
“In the circumstance , I hold that the motion on notice shall be heard immediately,” the judge ordered.
Members of ASUU which were over 20, including the ASUU president, were in court.
Also in court were members of the National Association of Nigerian Students.
Arguing, Falana said the FG had no basis to appear having not met it’s term of agreement with university lecturers.
Subsequently , the court fixed September 21 for ruling