The Court of Appeal in Abuja has granted the application for leave to appeal filed by the Academic Staff Union of Universities (ASUU).
![](https://thenigerialawyer.com/wp-content/uploads/2026/09/NBBSPIDEL.png")
![](https://thenigerialawyer.com/wp-content/uploads/2026/05/2026-Summer-IDRI-Masterclass.jpg")
The leave so granted allows ASUU to formally challenge the interlocutory order issued on September 21 by the National Industrial Court, directing its members to resume work pending the determination of the substantive suit filed by the Federal Government against the strike embarked upon by ASUU.
The Court also granted ASUU “conditional leave to appeal the order of the Industrial Court, while insisting that ASUU must obey the order of the lower court with effect from today, October 7.
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-month old 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 union seven days within which to file its notice of appeal against the order issued by the National Industrial Court.
Justice Barka said, in the lead ruling, that “I am inclined to granting the application to appeal the decision of the National Industrial Court of Nigeria.
“But, the order of the lower court shall be immediately obeyed.”
Justice Barka agreed with ASUU that it was with its right to appeal the decision of the Industrial Court.
The judge also agreed with the Federal Government that ASUU could not approach the appellate court with “dirty hands” having failed to first, comply with the September 21 order.
He said “should the applicant (ASUU) fail to obey the order (of the lower court), the leave so granted shall be automatically vacated.”
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
______________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
