THE Court of Appeal on Monday, July 31, has dismissed the application by the Academic Staff Union Universities, ASUU, to stay proceedings in the matter by the Federal Government then pending at the National Industrial Court.
The industrial court had declare that the members of ASUU, in accordance with the Trade Disputes Act are not entitled to salaries during the period of the over eight months strike.
Although the judgement was delivered on May 30, 2023, the president of the National Industrial Court, in upholding the prayers of the emeritus minister of labour and employment Sen Chris Ngige, stated that the “no work no pay “ law is the legal position.
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The three-man panel of judges at the Court of Appeal held that ASUU and team did not come to court with clean hands having failed and neglected to file their defense as ordered by the trial Court.
They stated that an application of that nature should first be filed at the trial Court, and not at the Court of Appeal.
The appeal was filed by ASUU counsel, Femi Falana, SAN, Marshall Abubakar & others while the federal government legal team was led by J U K Igwe, SAN, and Senator Ita Enang.
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