VANGUARD
Human rights lawyer Femi Falana, SAN has filed a lawsuit against the Federal Government over discriminatory, unfair and illegal treatment of members of Academic Staff Union of Universities (ASUU).
Joined in the suit as Defendants are Minister of Labour and Employment; Attorney-General of the Federation; and Accountant-General of the Federation.
In the suit number NICN/ABJ/152/2023 filed yesterday on behalf ASUU, Falana is asking the court to determine “Whether having paid the salaries of members of the Joint Staff Union, 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, the decision of the Defendants to withhold the salaries of the members of the Claimant from February to October 2022 is not discriminatory and illegal.”
Falana is also asking the court to determine “Whether the members of ASUU are not entitled to payment of their salaries for the months of February to October 2022 forthwith.”
The suit, read in part: “Lecturers’ duties cover the following areas: Seminars (Peer-review of Journals, Serving of Professional bodies, Public Lectures, Serving on board of Parastatals); Research (Gathering data, Reading new Books and Journals, Writing and Publishing Scholars text); Teaching.”
“Owing to the refusal of the Defendants to implement the agreements between them and the Claimant, a trade dispute was declared by the Claimant in February 2022.”
“The industrial action which resulted from the series of breaches emanating from the defendants herein does not abrogate our responsibilities as lecturers which includes paper administration, delivered lectures, seminars, tutorials, that should have been done during the withdrawal of the teaching component of our jobs, course evaluation, Peer evaluation, marking and moderating assignments, write course content, etc).”
“Despite the withdrawal of teaching, the provision of educational services which cover other aspects of our engagement as academics (i.e research and community service) subsists across the public universities in Nigeria.”
“The federal government failed to address the demands of the Claimant, the industrial dispute lasted until October 2022. The teaching component of our job was restored based on the orders made by this Honourable Court and the Court of Appeal.”
“The Minister of Labour and Employment specifically instructed the Accountant-General of the Federation not to pay the members of ASUU members for the period of the industrial disharmony.”
“The members of Joint Health Staff Union were on strike from March to May 2018 but the Defendants paid their salaries for the period of the strike. The members of the Nigerian Association of Resident Doctors were on strike between September and October 2021 but the Defendants paid them their salaries for the period of the strike.”
“Despite repeated demand the Defendants have refused to pay the salaries of members of the Claimant who took part in the strike that took place from February to October 2022.”
“The 1st Defendant, who is a medical practitioner and hails from Anambra State, South East Nigeria directed the 3rd Defendant to pay all lecturers of the Medical Facilities / Medical and Dental Academic of the Nnamdi Azikwe University, Nnewi Campus, Anambra State to the exclusion of members of the Claimant in other public universities in Nigeria.”
