The Court of Appeal sitting in Abuja had on the 7th of October, 2022 ordered the Academic Staff Union of Universities to call-off their 8-month long strike in the Appeal between: Academic Staff Union of Universities Vs Federal Government and 1 OR, marked Appeal No: CA/ABJ/PRE/CV/995/2022.
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In its ruling, the Appellate directed the Union of Lecturers to immediately obey the interlocutory injunction of the National Industrial Court for the resumption of academic activities as a condition precedent for a granting it leave to appeal the said decision of the Industrial Court delivered on the 21st of September, 2022.
In deciding this, the Court held that by the provisions of the Constitution and Its Rules, it has the power to grant leave of appeal when it was satisfied. It held however, the one of the precedence in some circumstances for which the leave of Court would be granted is if the lower court’s judgement is obeyed.
He acknowledged that there were exceptions to this which included; when the order was made without jurisdiction or when the Applicant was challenging the validity of the said order. The Court held that this is obtainable in the instant case, and as such granted the leave of Appeal subject to ASUU obeying the Industrial Court’s judgement in 7 days time.
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