“Ngige Should Respect Jurisdiction Of Industrial Court Over ASUU Dispute” — Falana SAN

*Says Minister of Labour And Productivity Disregarding NICN
Senior Advocate of Nigeria and Human Rights Activist, Femi Falana has called out the Minister of Labour and Productivity for his recent comments which insinuates a disregard for the jurisdiction of the National Industrial Court of Nigeria.
Recall that the Federal Government had referred the prolonged strike of the Academic Staff Union of Universities (ASUU) to the National Industrial Court of Nigeria (NICN) for adjudication, following the failure of dialogue between the union and the Federal Ministry of Education. 
A press statement signed by the Head, Press and Public Relations, Federal Ministry of Labour and Employment, Olajide Oshundun, said the suit, dated September 8, 2022 was formally addressed to the Registrar of National Industrial Court of Nigeria (NICN) and signed by the Minister of Labour and Employment, Senator Chris Ngige. 
The Federal Government has asked the NICN to inquire into the legality or otherwise of the ongoing prolonged strike by ASUU leadership and members. 
It asked the court to interpret in its entirety the provisions of Section 18 LFN 2004, especially as it applies to the cessation of strike once a trade dispute is apprehended by the Minister of Labour and Employment and conciliation is ongoing. 
In a statement made available to TheNigeriaLawyer, Falana SAN, who is Counsel to ASUU, said the Minister of Labour, in utter disregard for the subsisting matter before the Court, took advantage of a public presentation of the NLC at 40 publication to make comments that are prejudicial to the determination of the case.
The learned silk said, “On September 8, 2022, the Minister of Labour and Productivity, Dr. Chris Ngige referred the industrial action by the Academic Staff Union of Universities (ASUU) to the National Industrial Court. In the said referral, the Minister arrogantly asked the Court to issue an order directing the members of the ASUU to resume work. However, the application filed by the Federal Government seeking to compel the ASUU to end the strike was argued yesterday by counsel to the Claimants and the Defendant. At the end of the proceedings the presiding Judge, the Honourable Justice Polycap Hamman adjourned the case to Wednesday, September 21, 2022 for ruling.”
He continued, “In utter disregard for the National Industrial Court, Dr. Ngige took advantage of the public presentation of the NLC at 40 publication, titled, “Contemporary History of Working Class Struggles” at Abuja yesterday to conduct his own proceedings on the pending case. According to him, while strike is legal in Nigeria, the ASUU did not follow due process in prosecuting the ongoing strike. As if that was not enough, the Minister stated that “It is anathema to use 2009 agreement” without telling the Nigerian people that he has referred the agreement for the interpretation of the National Industrial Court. In the report published by
the Vanguard newspaper of September 20, 2022, the Minister further said inter alia:
“Nigeria is respected in ILO. Some people said Federal Government took ASUU to court. No. I referred the matter after seven months of protracted discussions and negotiations that failed.”
Falana however took exception to the Minister’s comment that the referral of the dispute to the court does nor mean it cannot be settled outside the court.
According to Falana, Minister’s remark reeks of lack of confidence in the NICN and called on him to immediately withdraw the case as the Court should operate in an ambience of independence.
He said, “Since it is apparent from the foregoing that the Minister has no confidence in the National Industrial Court we are compelled to call on him to withdraw the referral without any further delay. The Minister should allow the Court to operate in an atmosphere of independence and impartiality in line with the provisions of Section 36(1) of the Constitution of the Federal Republic of Nigeria,1999 as amended. It is painful to draw the attention of the Federal Government to the case of the Military Governor of Lagos State v Chief Emeka Ojukwu (1986) 4 NWLR (Pt 18) 621 the Supreme Court
held:
“Once a dispute has arisen between a person and the government or authority, and the dispute has been brought before the court, thereby invoking the judicial powers of the state, it is the duty of the government to allow the law to take its course or allow the legal and judicial powers of the state…It is the duty of the government to allow the law to take its course or allow the legal and judicial process to run its full course. The action the Lagos State Government took can have no other interpretation than the show of intention to preempt the decision of the court. The courts expect the utmost respect of the law from the government itself which rules by the law.”
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