Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has said the refusal of the Academic Staff Union of Universities to call off its industrial action isn’t a contempt of court as being speculated by the Nigerian government. Activities in public universities have been grounded for seven months due to an ongoing strike by the lecturers.
Nigerian Government Shouldn’t Chase Shadows; University Lecturers, ASUU Didn’t Commit Contempt Of Court – FalanaChris Ngige, Minister of Labour and Employment on Sunday accused the leadership of the union of misinforming and misleading its members and warned of consequences of contempt of court.
A judge, Polycarp Hamman, of the National Industrial Court of Nigeria sitting in Abuja on Wednesday, September 21, 2022 granted an interlocutory injunction application by the Nigerian government to restrain ASUU from continuing with the strike pending its determination of the substantive suit. The lawyer urged the Nigerian government to take advantage of the intervention of the leadership of the House of Representatives to resolve all outstanding issues and end the strike as soon as possible.
“The application is equally accompanied by a motion for stay of execution of the said order. To that extent, the members of the ASUU cannot be accused of engaging in contempt of the order of the National Industrial Court in so far as they are seeking to appeal and stay the execution of the said order. In the case of Mobil Oil Nig.
“Hence, upon a detailed review of the state of the law and the relevant judicial authorities on stay of execution of interlocutory and final judgments and orders pending the determination of appeals filed against them the respected Are Afe Babalola SAN pointed out that in exceptional cases there can be lawful disobedience of an injunctive order.
“On January 2, 2020, the Attorney-General of the Federation & Minister of Justice, Mr. Abubakar Malami SAN justified the refusal of the Federal Government to release Col. Sambo Dasuki and Mr. Omoyele Sowore despite valid and subsisting court orders made by not less than four courts for their release. According to the Chief Law Officer of the Federation:
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