A Senior Advocate of Nigeria, Femi Falana, on behalf of the Academic Staff Union of Universities (ASUU) has filed a lawsuit against the Federal Government over discriminatory, unfair and illegal treatment of its members.
Falana filed the suit on Tuesday at the National Industrial Court in Abuja, the nationās capital, on behalf of ASUU.
Joined in the suit as defendants are the former ministers of Labour and Employment and Justice as well as the Accountant General of the Federation, according to a statement made available to Channels Television on Wednesday.
In the suit with number NICN/ABJ/152/2023, the human rights lawyer is asking the court to determine āWhether having paid the salaries of members of the Joint Staff Union, National Association of Resident Doctors and lecturers in the Medical Facilities/Medical and Dental Academic of the Nnamdi Azikiwe University, Nnewi Campus, Anambra State during the period of industrial actions, the decision of the Defendants to withhold the salaries of the members of the Claimant from February to October 2022 is not discriminatory and illegal.ā
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He also wants the court to determine āwhether the members of ASUU are not entitled to payment of their salaries for the months of February to October 2022 forthwith.ā
āLecturersā duties cover the following areas: Seminars (Peer-review of Journals, Serving of Professional bodies, Public Lectures, Serving on board of Parastatals); Research (Gathering data, Reading new Books and Journals, Writing and Publishing Scholars text); Teaching,ā the suit reads in part.
āOwing to the refusal of the Defendants to implement the agreements between them and the Claimant, a trade dispute was declared by the Claimant in February 2022.
āThe industrial action which resulted from the series of breaches emanating from the defendants herein does not abrogate our responsibilities as lecturers which includes paper administration, delivered lectures, seminars, tutorials, that should have been done during the withdrawal of the teaching component of our jobs, course evaluation, Peer evaluation, marking and moderating assignments, write course content, etc).
“āDespite the withdrawal of teaching, the provision of educational services which cover other aspects of our engagement as academics (i.e research and community service) subsists across the public universities in Nigeria.
āThe federal government failed to address the demands of the Claimant, the industrial dispute lasted until October 2022. The teaching component of our job was restored based on the orders made by this Honourable Court and the Court of Appeal.
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āThe Minister of Labour and Employment specifically instructed the Accountant-General of the Federation not to pay the members of ASUU members for the period of the industrial disharmony.
āThe members of Joint Health Staff Union were on strike from March to May 2018 but the Defendants paid their salaries for the period of the strike. The members of the Nigerian Association of Resident Doctors were on strike between September and October 2021 but the Defendants paid them their salaries for the period of the strike.
“and Enforcement) Act and other international treaties against discrimination.ā
āIt is submitted that the members of the Claimant and the members of the joint Health staff union, National Association of Resident Doctors as well as lecturers of the Nnamdi Azikiwe University are entitled to equal treatment. By paying the members of the Joint Health Staff Union, National Association of Resident Doctors and lecturers of the Nnamdi Azikiwe University during their strikes and denying the members of the Claimant their salaries during their strike the Defendants have violated Section 42(2) of the Constitution of the Federal Republic of Nigeria 1999 as amended and Article 2 of the African Charter on Human and Peoplesā Rights Act (Cap A9).ā