The National Industrial Court has advised the National Assembly Service Commission (NASC) and the union of its workers, the Parliamentary Staff Association of Nigeria (PASAN), to amicably resolve their dispute.
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The matter, which came up yesterday for hearing the motion on notice before Justice Ibrahim Galadima, could not proceed.
When the matter was called, the claimant’s counsel, Mr. Abdul Ibrahim (SAN), informed the court that he received a notice of preliminary objection from the defendant on Monday around 5:30 p.m.
The lawyer said because he was served just the previous day, he had not responded to it, though he intended to do since he still had some time to reply.
He said the defendant had equally not responded to the motion on notice he had served.
The defence counsel, Mr. G. C. Ugwunweze, submitted that he was briefed at the weekend by his client and that the only work day he had to file the processes was on Monday.
He said besides the preliminary objection, he also filed a memorandum of conditional appearance, as he was questioning the jurisdiction of the court to entertain the matter.
Ugwunweze said he was also within time to file a counter-affidavit to the interlocutory injunction and to file the defence to the motion on notice.
He added that the process filed by the claimant was an abuse of court process.
Responding, Ibrahim said it was only the court that could determine whether his process was an abuse of court process or not.
The claimant’s counsel said he prayed for parties to settle the matter amicably.
He then made an oral application that the order made by the court on October 20, restraining the defendant from embarking on strike and that parties should maintain status quo, should subsist.
Ugwunweze replied that though he intended to file an application for the order to be discharged – as the defendant was not averse to settlement – he did not like the way the claimant was going about it.
The court, after listening to submissions of counsel, ruled that the earlier order subsist and urged parties to maintain the status quo pending the determination of the motion on notice.
The court also held that whereas the defendant had the right to embark on strike, it must be done under the ambience of the law.
It then adjourned the matter till December 12 for hearing while encouraging the parties to resolve their dispute amicably.
The News Agency of Nigeria (NAN) reports that the association, which had embarked on a one week strike in June, had planned another strike for October 20 before the court restrained it. As part of its demand, the association is asking for payment of arrears of allowances and the full implementation of the National Assembly Conditions of Service.
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