The Academic Staff Union of Universities has countered the argument by Justice Hamman Polycarp of the National Industrial Court of Nigeria that the ongoing strike by its members may prevent some students from embarking for the mandatory National Youth Service Corps.
The union also noted that the judge had no proof to foster his argument.
This was made known in the affidavit signed and filed on behalf of the union by Falana chambers in Abuja.
Sunday PUNCH reports that Justice Polycarp Hamman of the National Industrial Court of Nigeria, Abuja Division, had on Wednesday, while delivering ruling in an interlocutory injunction application by the Federal Government, restrained ASUU from continuing with the strike.
The judge had predicated his decision on Section 18 of the Trade Dispute Act that empowers him to make such decisions in the interest of the nation.
Dissatisfied, the university lecturers on Saturday filed a Notice of Appeal to challenge the order of the Industrial Court.
ASUU through its lawyer, Mr. Femi Falana, SAN, had in a motion sought the leave of the court “to appeal against the interlocutory ruling of the National Industrial Court of Nigeria per Honourable Justice P.1. Hamman.
However, replying the judge, the union noted that the judge had no proof of this claim.
“There was no evidence before the lower court about the age of these innocent students being denied of the opportunity to complete their studies.
“Even though the issue of National Youth Service was raised suomotu, the learned trial judge did not invite parties to address him on it.
“The learned trial judge made a case for the respondents by relying on extraneous matters and thereby violated the fundamental right of the appellant to fair hearing.”
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