Why ASUU should comply with Court Order and return to classroom*
1. It is sad that we all sat and watch ASUU and Federal Government dragged us to this ugly situation warranting resort to Court.
2. Once a party has submitted to the jurisdiction of the court, then he must obey all orders of the Court no matter how wrong or stupid he perceived the order to be.
3. ASUU having sought the intervention of the Court of Appeal and ended up with an order to go back to the classroom must obey it. ASUU cannot pick and choose which order of court to obey or choose to obey only when it favours them. All orders of Court must be obeyed.
4. There is no right of appeal to Supreme Court. Thus, ASUU cannot try going upstairs. Even if it miraculous find a path to appeal, that is not a ground for stay of execution.
5. The nature of this dispute between FG and ASUU is better resolved by negotiations and settlement instead of resort to Court.
6. The judiciary also failed in invoking its powers to ensure dispute resolution by alternative means or amicable settlement. Thus, rendering the situation more complicated and unfortunate.
7. By section 254 C(3) of the Constitution of Federal Republic of Nigeria 1999 (As Amended) the National Industrial Court was supposed to encourage the resolution of this dispute by Alternative Dispute Resolution and amicable settlement instead invoking raw law immediately.
8. By order 1 Rule 6 of the National Industrial Court, the first aim of the Court Rules is to promote amicable settlement of dispute by Alternative Dispute Resolution. The Court ought to have explored that window first by directing Court assisted ADR between FG and ASUU.
9. By order 1 Rule 10 of the National Industrial Court Rules, dispute on strike action is considered a *matter National Interest.* Thus ASUU strike is a matter of National Interest.
10. By Order 2 Rule 9(2) of the National Industrial Court Rules, the President of the National Industrial Court is supposed to exercise his discretion to refer this matter of National Interest to a panel of 3 judges if the matter must be decided in Court. Unfortunately, only Justice P. I. Hamman of the Industrial Court was assigned to handle this all important matter of National Interest.
12. A panel of 3 Judges may have viewed the matter differently or handled it differently as two heads is said to be better than one. In this case, more heads may be better. It may not be. But we should treat this matter of National Interest with all hands on deck.
13. The lawyers involved should have also insisted on court assisted ADR first and not proceed with legal combat as though winning the case can solve the endemic rot in our university education. I do not think that any court order no matter how brilliant or well made can automatically transform our state of university education from the present poor stage to something better.
14. Be that as it may, we are all bound to ensure compliance with all court orders including the order for ASUU to suspend their strike and resume work. AS THE COURT PLEASES.
Z. I. Hyalaba Esq.
Z. I Hyalaba & Associates
Mubi, Adamawa state Nig.
07066589996
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