Femi Falana (SAN), the human rights lawyer, on Wednesday, filed a lawsuit against the federal government over what he described as discriminatory, unfair and illegal treatment of members of Academic Staff Union of Universities (ASUU).
The suit, before a Federal High Court in Abuja, joins the Minister of Labour and Employment, the Attorney-General of the Federation and the Accountant-General of the Federation as defendants.
It was gathered that Falana is asking the court to determine “Whether having paid the salaries of members of the Joint Staff Union, National Association of Resident Doctors (NARD) and lecturers in the medical facilities/medical and dental academic of the Nnamdi Azikiwe University, Nnewi Campus, Anambra State during the period of industrial action, the decision to withhold the salaries of the members of ASUU from February to October 2022 is not discriminatory and illegal.”
The human rights activist 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.”
Mr Falana opined that the failure of the federal government to address the demands of ASUU forced the industrial dispute to last until October 2022, adding that the teaching component of our job was restored based on the orders of the high court and the Court of Appeal.
Industrial Court upholds FG’s ‘no work no pay’ policy against ASUU
The National Industrial Court (NIC) on Tuesday, upheld the ‘no work no pay’, implementation policy of the Federal Republic against the Academic Staff Union of Universities (ASUU).
The decision was taken by the court in a suit filed by Federal Government against the university lecturers.
The Federal Government implemented the ‘no work no pay’ policy during the period the academic union embarked on strike.
In its ruling on the suit numbered NICN/ABJ/270/2022, the court held that the ‘no work no pay’ rule enforced by the Federal Government against members of the union who went on strike last year was entirely legal.
Justice Benedict Kanyip, the President of the Court, in a judgement delivered, held that it is within the right of the Federal Government to withhold salaries of workers who embark on industrial action.
However, the court held that Federal Government violated the autonomy of universities by imposing the Integrated Payroll and Personnel Information System (IPPIS) platform on members of ASUU who reserve the right to determine how their salaries should be paid.
It could be recalled that ASUU was last February 14 embarked on an indefinite strike, which lasted eight months, in their demands for a better welfare package, revamping of the country’s education sector among others.
However, the Federal Government dragged ASUU before the National Industrial Court over the demand of the Union for the payment of their salaries from February 14 to October 7, 2022, when the strike was called off.