From Godwin Tsa, Abuja

The Abuja division of the Court of Appeal has ordered the striking Academic Staff Union of Universities (ASUU) to “immediately” call off its eight-month strike.

The appellate court made the order after granting the application by ASUU for leave to appeal against the order of the National Industrial Court.

The interlocutory order issued by the National Industrial Court had directed ASUU to resume work pending the determination of the substantive suit filed by the Federal Government.

The appellate court had earlier urged both FG and ASUU to explore an out-of-court resolution of the dispute that made varsity lecturers to embark on a strike action since February 14.

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-months 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 lecturers’ union seven days within which to file its notice of appeal against the order of the National Industrial Court.

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ASUU, in its appeal, maintained that Justice Hamman “erred in law and occasioned a miscarriage of justice when he decided to hear and determine the respondents’ motion for an interlocutory injunction when he knew or ought to have known that the substantive suit was not initiated by due process of law”.

It argued that the mandatory steps and procedure stipulated in Part 1 of the Trade Dispute Act, TDA, were not followed by Federal Government.

ASUU also averred that the trial judge acted ultra vires and misdirected himself when he unlawfully assumed jurisdiction to entertain the matter, adding that what was granted as an interlocutory order was the same relief FG sought in its substantive suit.

ASUU further told the appellate court that it showed “uncontroverted and irrefutable evidence” that FG waited for about seven months before approaching the NIC for the order of interlocutory injunction”.

It insisted that by virtue of sections 17 and 18 of the TDA, the NIC can only entertain appeals arising from the decision of the Industrial Arbitration Panel, IAP, with respect to issues arising from trade disputes.

ASUU said it was totally “dissatisfied with the decision” of the trial court which it said should not only be stayed from being executed, but also set aside in its entirety.

It said the appeal was lodged “both on grounds of law and on grounds bordering on fundamental human rights”.

ASUU had on February 14, embarked on an initial four-week strike to press home its demands that included improved funding for universities, as well as a review of salaries for lecturers.