September 23,2022

Femi Falana, SAN, human rights lawyer, has argued that the National Industrial Court (NIC) doesn’t have jurisdiction to rule on the case between the Academic Staff Union of Universities (ASUU) and the federal government.

Recall that on Wednesday, Polycarp Hamman, the judge in the NIC, granted an application by the federal government’s application for an interlocutory injunction to restrain ASUU from continuing with its ongoing strike

However, commenting on the court decision on Sunrise Daily, a Channels Television programme, on Friday, Falana said this is the first time a case of such nature would be brought before the industrial court.

He said due process was not considered and taken by the federal government before filing the case before the industrial court.

“This is the first time in the history of that court that we have been told that the minister can refer a case to the national industrial court without going through the Industrial Arbitration Panel (IAP),” he said

Because the NIC under the current labour law regime in Nigeria is an appellate chamber of the AIP. So, it is an appellate court. It is only when individuals are sacked that you want to challenge your employer or there are intra or inter-union disputes that you approach the national industrial court.

“There must be meditation, conciliation and arbitration under the law.

“[It was wrong to approach the court] we tried to explain to the court, and the court said they would look at that later.

Because the NIC under the current labour law regime in Nigeria is an appellate chamber of the AIP. So, it is an appellate court. It is only when individuals are sacked that you want to challenge your employer or there are intra or inter-union disputes that you approach the national industrial court.

“There must be meditation, conciliation and arbitration under the law.

“[It was wrong to approach the court] we tried to explain to the court, and the court said they would look at t