The Court of Appeal in Abuja has granted the application for leave to appeal filed by the Academic Staff Union of Universities (ASUU).
The leave so granted allows ASUU to formally challenge the interlocutory order issued on September 21 by the National Industrial Court, directing its members to resume work pending the determination of the substantive suit filed by the Federal Government against the strike embarked upon by ASUU.
In a ruling on Friday, a three-member panel of the court, led by Justice Hamma Barka ordered the striking lecturers to “immediately” call off its eight-month old strike.
The court struck out ASUU’s request for stay of execution of the Industrial Court’s order, which its lawyer, Femi Falana (SAN) withdrew on Thursday.
The appellate court said should ASUU fail to re-open the universities, the order to appeal against the interlocutory injunction of the National Industrial Court “will be automatically vacated.”
It gave the union seven days within which to file its notice of appeal against the order issued by the National Industrial Court.
Justice Barka said, in the lead ruling, that “I am inclined to granting the application to appeal the decision of the National Industrial Court of Nigeria.
“But, the order of the lower court shall be immediately obeyed.”
Justice Barka agreed with ASUU that it was with its right to appeal the decision of the Industrial Court.
The judge also agreed with the Federal Government that ASUU could not approach the appellate court with “dirty hands” having failed to first, comply with the September 21 order.
He said “should the applicant (ASUU) fail to obey the order (of the lower court), the leave so granted shall be automatically vacated.”
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