A foremost human rights Advocate and a Constitutional law, Ebun-Olu Adegboruwa SAN, has replied the statement by the Minister of Labor and Employment, Senator Chris Nigige, stating that the leadership of ASUU was not misinforming or misleading anyone when it stated that it has appealed the Court order suspending its industrial strike, stating that the Union was seeking the leave to appeal, which in law amounted to an “appeal”.
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TheNigeriaLawyer, had reported that the Labour Minister and Employment yesterday, accused the Leadership of ASUU of misleading and misinforming its members as well as the general public that it has appealed the Court order demanding it to suspends its strike, when this was not in fact true.
His statement read thus: “The Union is dishonest and misleading its members and the general public, that it has filed an appeal as well as a stay of execution of the order of the National Industrial Court on September 21, 2022, though it has done none of this. Rather, ASUU only filed an application for a permission to appeal the order… The Application for a stay of execution has not even be listed for hearing. Where then is ASUU coming from?”
In responding to the Minister’s question as to where ASUU is coming from, Adegboruwa SAN, established the practice when it comes to Appeal.
He stated that by Rules of Court of Appeal, seeking leave to Appeal connotes an “appeal”. “Under and by virtue of the Court of Appeal Rules:
“Appeal” means the filing of notice of appeal, and includes an application for leave to appeal.
“It is therefore not dishonest or misleading, for ASUU to state that it has appealed against the ruling of the National Industrial Court directing it to call of its strike, even though ASUU is seeking leave to appeal.
“Thus in law, an applicant for leave to appeal is also an appellant.”, the learned silk established.”
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