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FG Vs ASUU: Appeal Court defers ruling till Friday

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The Court of Appeal sitting in Abuja has adjourned till Friday to rule on an application the Academic Staff Union of Universities, ASUU, filed to stay the execution of the ruling of the National Industrial Court, NIC, that ordered an end to its ongoing strike action.

A three-man panel of the appellate court led by Justice Hamma Barka, said it would also consider the merit in ASUU’s request for leave to file a comprehensive appeal to set-aside the NIC ruling.

The counsel that represented ASUU in the matter, Mr. Femi Falana, SAN, had after the case was called up, notified the appellate court that his client filed an application for permission to formally lodge an appeal against the interim injunction that directed the striking varsity lecturers to return to the classroom.

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Though ASUU earlier filed its proposed 14-ground of appeal, however, its lawyer, Falana, SAN, noted that going by the provisions of section 243 (3) of the 1999, as amended, leave of the appellate court would be required for such appeal to gain validity.

ASUU maintained that its proposed appeal against the NIC order, was based on “grounds of law and on grounds bordering on fundamental human rights”.

Falana urged the appellate court to accede to ASUU’s request to enable it to challenge the order he said occasioned grave miscarriage of justice against the aggrieved varsity lecturers.

“This honourable court should not shut out the Appellant and thousands of its members desirous of ventilating their grievances pursuant to section 6 (6) (b) and 36 (1) of the 1999 Constitution, as amended”, Falana pleaded.

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Besides, he said his client was willing to withdraw the application for stay of execution so as to expedite the hearing and determination matter.

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