The Academic Staff Union of Universities, or ASUU, represents university employees who are fighting for the release of their salaries that were withheld as a result of last year’s industrial action, and there doesn’t seem to be any sign of relief in sight.
The union’s lawsuit against the federal government on the salaries withheld during their 2022 strike was unsuccessful last week.
The development occurred as a result of the ASUU’s lawsuit against the Accountant General of the Federation and the Minister of Labor and Employment being dismissed by the National Industrial Court (NIC).
In 2022, ASUU went on an eight-month strike over a number of concerns, including the revitalization of public universities and a review of the pay and benefits received by professors.
The federal government went to the National Industrial Court to contest the union’s action after multiple discussions and fruitless attempts to end the strike were conducted.
The federal government’s request for an interlocutory injunction to stop ASUU from going on strike while the substantive lawsuit is being decided was approved by the industrial court in its decision.
When the union’s members went back to work in early November of last year, they were confused because the federal government had paid them half their salary for just eighteen working days in October.
The federal government’s insistence on enforcing the “No Work, No Pay” regulation when university employees were absent from their job stations prompted the development.
Chris Ngige, the former minister of labor and employment, had stated that the lecturers received pro rata compensation for the number of days they worked, beginning on the day they called off their strike.
In the federal government’s lawsuit against the ASUU, the National Industrial Court further affirmed the no work, no pay policy.
From February 14, 2022, until the strike was put off on October 7, 2022, the union had requested that members receive their salaries.
However, the court held that the federal government had the power to withhold workers’ salaries in the event that they chose to engage in industrial action.
ASUU launched a second complaint against the federal government in June of this year, claiming that its members were subjected to unlawful, unfair, and discriminating conduct.
Femi Falana, a Senior Advocate of Nigeria, SAN, brought the lawsuit on behalf of ASUU.
The union requested that the court rule on whether the defendant’s decision to withhold the claimant’s members’ salaries from February to October 2022 was unlawful and discriminatory in light of having paid the salaries of the Joint Staff Union, the National Association of Resident Doctors, and lecturers in the Medical Facilities/Medical and Dental Academic of the Nnamdi Azikiwe University, Nnewi Campus, Anambra State, during the period of industrial actions.
ASUU members were on strike from February to October 2022. The union also requested that the court rule on whether or not these members were entitled to their income during that time.
The lawsuit was dismissed last week by Hon. Justice Benedict Kanyip, President of the NIC, on the grounds that it was frivolous, vexatious, and a misuse of the judicial system.
Additionally, Justice Kanyip granted ASUU’s payment of N500,000 to the Attorney-General of the Federation, which was due in 30 days.
“This position is further supported when the immediate suit’s supporting affidavit is taken into account. The Claimant described what a lecturer does in paragraphs 6 to 12 and 15 of the affidavit supporting the instant suit. It also explained how the strike it initiated did not absolve its members of their duties as lecturers, how the strike persisted in spite of the defendant’s refusal to pay its members’ salaries during that time, how the teaching portion of their jobs was only reinstated on this Court’s and the Court of Appeal’s orders, etc. These were the issues that ASUU should have raised in their defense filing under Suit No. NICN/ABJ/270/2022. However, ASUU’strategically’
Therefore, ASUU bears responsibility for all of these “strategic” errors. It is unable to re-submit a defense in a lawsuit that it willfully chose not to file at this time. It would be re-litigation via the backdoor to do so. I so hold,” the judge decided.
Remember that last month, President Bola Tinubu granted the partial relaxation of the “No Work, No Pay” edict against ASUU members, prior to the court ruling.Ajuri Ngelale, the presidential spokesman, stated that Tinubu approved the waiver’s granting with the condition that the Federal Ministries of Education and Labor and Employment obtain a Document of Understanding proving that the President’s exceptional waiver would be the last one to be granted.
According to Ajuri, the waiver would enable the ASUU members who had been on strike in the past to get four months’ worth of wage accruals, out of the eight months’ worth of income that had been withheld during the union’s eight-month industrial action.
In an effort to “mitigate the difficulties being felt during the implementation of key economic reforms in the country, as well as his recognition of the faithful implementation of terms which were agreed upon during the deliberations between ASUU and the Federal Government of Nigeria,” he said Tinubu invoked the Principle of the Presidential Prerogative of Mercy.
Findings showed that the union was inflexible about its members’ entitlement to four months’ worth of wage accruals instead of eight months’ worth of salary.
A union representative said that ratifying the pact would be equivalent to “slavery.”
The union, he continued, will never give up its rights because of the salaries that were withheld.
The chairman of the ASUU UNN branch, Comrade Nobert Oyibo Eze, discussed the situation and stated that the government has not yet contacted the union on the eight months’ worth of unpaid payments that are a result of the previous year’s strike.
Additionally, he stated that the ASUU national body has not released a comment regarding the most recent ruling on the subject from the court.
According to Eze, for the nation’s affairs to run smoothly, the leaders must take the interests of the populace into account.
“It is going to be worse for this country if the courts are no longer doing what is proper,” he added in his warning.
He declared, “ASUU has not received any official communication from the government regarding the idea of four months salary and signing documents.” In actuality, we have already completed the task. You also can’t stop us from getting paid after we do the job.
You see, the issue with the Nigerian system is that our political elite is incredibly nasty, self-centered, and hypocritical.
Why would somebody want to seem to have attended college when they haven’t in order to answer a professor and a doctor? They wish to be doctors and professors and claim to have degrees, among other titles in the educational field. Education is beneficial to them, but they are unable to pay for it in our nation. What is our nation’s administration up to?
The N160 million that was recently appropriated to each member of the National Assembly for the purchase of armored cars was widely publicized. Therefore, they are the only ones who are safe.
“They are unable to pay the workers’ significant salary.” There will always be money when it comes to their own.
Two days ago, I came across an article discussing how N104 billion was secretly inserted into the budget as a parting gift at the end of the year, with N200 million going to a House member and N300 million going to a senator.
“There would always be money for their personal requirements. However, they will be talking about an empty treasury when it comes to providing for the workers who create this money. Do they have children in mind when they talk?
During his campaign, President Tinubu promised to ensure that if elected, he would put an end to university strikes by making sure that the universities have access to the resources they need to operate.
Has the President summoned the union’s members to a dialogue since assuming office? Why do we have this kind of society where the working class and people as a whole are being oppressed?
“We are paying N700 for a litre of fuel today. What is our salary?” A professor cannot subsist on his pay for a period of two weeks.
“I want to tell them that they have to think about the people if they want things to work in this country.” Who are they going to rule over if we all die?
“What makes the members of our political class so self-centered? In order to have a cutting-edge university, other countries are heavily funding the system. In Nigeria, there are a lot of universities being established, yet none of them are supported. The medical field is ill.
“I’m suggesting that things in the universities won’t function well unless they pay those wages. Furthermore, they are even exploiting the eight months’ worth of pay that we have earned as a pretext because no one is discussing the main reasons why we went on strike anymore.
Because our take-home package could no longer get us home, we decided to go on strike. The pay that we currently receive was agreed upon and implemented in 2009. What has happened to the exchange rate since 2009?
What does a Nigerian professor make when you exchange dollars for naira? It is unfortunate that our folks travel to countries where things are successful and send their kids to study abroad since those places have a stable environment.
Why are individuals in government who attended universities, received bursaries, free tuition, and federal scholarships unable to even offer scholarships or make ends meet?
“Primary and secondary schools are sobbing everywhere. Next, proceed to the polytechnics, universities, and education colleges.
Nobody finds the strike enjoyable. The strike will end if they improve the system. We are going to stay on strike as long as they are playing politics.
“The courts are no longer the hope of common persons,” he stated in response to a question regarding the court’s decision. I am unable to discuss that matter because no statement has been released by the national body.
“As you can see, they are abusing the legal system to accomplish their goals. The situation is not being helped by the court. Nigerians no longer have faith in the legal system.
“When the courts stop upholding the law, it will be even worse for this nation; no one will want to go to court.
“We completed our task.” There’s no doubt about it. Do they really think we didn’t work?
“We returned after the strike to ensure that all gaps were filled. JAMB has kept accepting applications because we are instructors.