APPELLATE COURT GRANTS ASUU CONDITIONAL LEAVE TO APPEAL INDUSTRIAL COURT ORDER.

Written by on October 7, 2022

The court of appeal has granted the Academic Staff Union of Universities, ASUU, conditional leave to appeal the ruling of the National Industrial Court, NIC, on September 21, ordering lecturers to end the strike and go back to classes.

Justice Hamma Barka who led the three-man panel granted leave on the condition that ASUU obeys the order of the interlocutory injunction by the lower court immediately.

Justice Abraham Georgewill who is part of the panel also ordered that the leave granted can only stand if ASUU obeys the orders of the interlocutory injunction of the lower court.

Justice Georgewill also stated that in a situation where the orders of the lower court aren’t obeyed, the court will withdraw the leave granted ASUU to appeal the interlocutory injunction orders by the NIC.

ASUU has been given 7 days to file its appeal and immediately obey the orders of the lower court.

Recall that ASUU, through its counsel, Femi Falana (SAN), had filed an application at the Court of Appeal (Abuja Division) seeking the leave of court to file an appeal against the industrial court order.

Falana claimed that it was the right of ASUU to file an appeal against the interlocutory injunction because it is against them.

He cited several authorities to the effect that ASUU must first seek and obtain leave of the court of appeal before filing a notice of appeal to ensure the validity of the appeal.

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