The Court of Appeal will rule on Friday in an application by ASUU seeking its permission to appeal against an order of the National Industrial Court directing its members to resume work.
The industrial court granted an interlocutory injunction in favour of the Federal Government on September 21, and ordered the union to call off the strike pending the resolution of its dispute with the government.
The union of university teachers began the strike on February 14.
Not satisfied with the order of the industrial court, ASUU filed an application at the Court of Appeal, seeking the leave of court to file an appeal against the lower court’s ruling.
Its counsel, Femi Falana, SAN, told the court that it was the right of his client to file an appeal against the interlocutory injunction because it was not in its favour.
Falana cited a plethora of authorities to support his claim that ASUU must first seek and obtain leave of the Court of Appeal before filing a notice of appeal so as to ensure validity of the appeal.
He prayed for a three-man panel of justices of the appellate court led by Justice Hamma Barka to reject the government’s opposition against the application.
He said it would amount to a dangerous decision if the court refused the application as it would mean denying his client the right of appeal.
Mr Falana, who had also filed an application seeking a stay of execution of the ruling of the lower court, applied to withdraw the application.
Counsel to the Federal Government, James Igwe (SAN), opposed ASUU’s application and prayed the court to dismiss both applications as incompetent and argued that the court had no jurisdiction to entertain incompetent applications.
Mr Igwe drew the attention of the court to the fact that the union had refused to obey the order of the Industrial Court which was made since September 21.