The court of appeal will tomorrow, rule on an application by the Academic Staff Union of Universities, ASUU, seeking permission to appeal against the industrial court order.
The Industrial Court had on the 21st of September, granted interlocutory order in favour of the federal government ordering the university lecturers to resume work pending the resolution of their disputes with the government.
Not satisfied with the order of the lower court, ASUU through it’s counsel Chief Femi Falana, filed an application at the Court of Appeal in Abuja seeking leave to file an appeal against the industrial court order.
Chief Falana informed the three man panel of justices of the appellate court led by Justice Hamma Barka to reject the Federal government’s opposition against the application, adding that it would be a dangerous decision for his client to be denied the right of appeal.
However, in an opposition to ASUU’s application, the federal government through its lawyer and Senior Advocate of Nigeria, Mr. James Igwe drew the attention of the court that the industrial court order made since September 21 had not been obeyed by the lecturers till date.
The senior lawyer argued that ASUU having been in contempt of court cannot come before the court of appeal with an unclean hand to ask for favour or attention of the court.
Specifically he cited order 6 rule 4 of the court of appeal, adding that ASUU’s application is in bridge of the order, thereby incompetent and should not be granted.
Justice Hamma Barka after taking argument from the two parties announced that the decision of the court would be delivered tomorrow morning.