Saturday, April 27, 2024

Confusion as FG withdraws order to reopen varsities

Strike total, comprehensive, says UI chapter Chairman

There was confusion in the education sector on Monday as the Federal Government withdrew its circular which ordered vice-chancellors, pro-chancellors and governing councils to re-open federal universities.

The earlier directive issued in a letter on Monday, was signed by the Director, Finance and Accounts of the National Universities Commission, Sam Onazi, on behalf of the Executive Secretary of the commission, Abubakar Rasheed.

The letter was addressed to all vice-chancellors; Pro-Chancellors and chairmen of governing councils of federal universities.

“Ensure that ASUU members immediately resume/commence lectures; restore the daily activities and routines of the various University campuses”, the letter partly read.

In a volte-face, another circular tagged NUC/ES/138/Vol.64/136, which was also signed by Onazi withdrew the order.

Though it did not explain why the earlier decision was rescinded.

The letter tagged, “withdrawal of circular NUC/ES/138/Vol.64/135 dated September 23, 2022” partly read, “I have been directed to withdraw the NUC Circular Ref: NUC/ES/138/Vol.64/135, and dated September 23, 2022 on the above subject.

“Consequently, the said circular stands withdrawn. All pro-chancellors and chairmen of governing councils, as well as vice-chancellors of federal universities are to please note.

Further development and information would be communicated to all relevant stakeholders.

“Please accept the assurances of the Executive Secretary’s warmest regards”.

The National Industrial Court of Nigeria had last week ordered the Academic Staff Union of Universities to call off its ongoing strike.

ASUU has been on a seven-month strike since Monday, February 14. The union is demanding the Federal Government renege on previous agreements on matters such as increased funding for universities and increasing lecturers’ salaries.

The Federal Government’s counsel, James Igwe, prayed the court for an interlocutory injunction to restrain ASUU from continuing with the strike pending the determination of the referral by the Minister of Labour and Employment, Chris Ngige.

Ngige on behalf of the Federal Government had filed the matter before the court by way of referral to resolve the issue of the ongoing strike by ASUU.

Igwe informed the court that the application for the injunction was dated Monday, September 12, and was filed on the same date.

Femi Falana, counsel to ASUU, however, argued that the interlocutory injunction should be dismissed and the court should instead grant an accelerated hearing for the referral earlier filed by Ngige.

Falana in addition argued that the minister lacked the power to order the court in the referral to direct ASUU to call off its strike.

Consequently, ASSU had filed an appeal challenging the ruling of Justice Hamman.

Counsel for ASUU, Femi Falana, SAN, based their appeal on 14 grounds.

The appeal was also accompanied by a request for a stay of execution on the ruling by Justice Hamman.

Among the 14 grounds for appeal filed by the union through its counsel are, “the learned trial judge erred in law and thereby occasioned a miscarriage of justice when he decided to hear and determine the respondents’ motion for interlocutory injunction when he knew or ought to have known that the substantive suit filed by the claimant was not initiated by due process of law.

“The learned trial judge erred in law and thereby occasioned a miscarriage of justice when he granted the Respondents’ application for interlocutory injunction pending the determination of the substantive suit on the basis of the incurably defective Referral filed on September 8, 2022.

“The learned trial judge erred in law and occasioned a miscarriage of justice when he made an order remitting the case file backed the President of the National Industrial Court despite the order made earlier for the accelerated hearing of the substantive suit.

“The learned trial judge erred and occasioned a miscarriage of justice when he held, ‘On the requirement of the conduct of the applicants, I have seen that contrary to the submission of Falana, SAN that the Applicants have delayed in bringing the application because the strike started on the 14th of February, 2022, and that the urgency in the application is self-induced, it is obvious from exhibits ASUU 1 to ASUU 7 annexed to the counter-affidavit that parties have been negotiating in line with the requirements of the Trade Disputes Act till 1st of September, 2022 when the defendant/respondent wrote to the Chairman of the Committee of Pro-chancellors of federal universities.”

Meanwhile, Ayoola Akinwole, the Chairman, ASUU, University of Ibadan chapter, said on Monday that the union’s strike is total in spite of the Federal Government’s directive to Vice-Chancellors to reopen the nation’s universities.

Akinwole, reacting to the Federal Government’s directive on Monday in a statement, said that the government owns its universities and could decide when to close and open them.

According to him, the union never shut down universities, saying ASUU members will not be in classes, but will continue to do their research and community services.

The ASUU chairman said that the union was on strike with its members withdrawing their services from teaching, supervising and holding statutory meetings in line with the ongoing strike.

“We remain committed to our resolve to prosecute the strike and our members have resolved not to be caged by tyrannical orders.
“As you know, we have appealed against the Industrial Court’s ruling.

“Our members will have nothing to do with teaching, supervision or attend statutory meetings until our demands are met and the strike is suspended by the leadership of the union,” Akinwole said.

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