On Tuesday, President Muhammadu Buhari’s regime accused the Academic Staff Union of Universities (ASUU) of not “showing good cause” in pursuing its suit before the National Industrial Court.
J.U.K Igwe SAN, counsel to the Minister of Labour and Employment and Minister of Education, the claimants in the suit, made the accusation when ASUU’s counsel, Marshall Abubakar, informed the court that he had filed processes at the court’s registry.
According to Mr Abubakar, the processes would be ready before Wednesday’s next adjourned date.
The presiding judge, Benefict Kanyip, in response, stated that the court may still not take the matter on Wednesday if Mr Igwe decided to reply to the issues in Mr Abubakar’s processes.
The court enquired about the processes the counsel had filed in the registry.
He stated that he filed an application seeking the leave of court for an extension of time and an application for the court to refer the matter to its Alternative Dispute Resolution ( ADR).
The court, however, ruled that for a matter to be referred to ADR, parties must join issues that the defence had yet to do due to its failure to file processes.
Mr Igwe, objecting to the defence’s application, said, “My learned colleague has not shown good cause as stated by order 57, rule 4 (2) of the NICN rule.
“What he said he filed is not before the court; the rule states that an applicant must show good cause.
“The matter is slated for definite hearing, and I the court to go on with the matter as what the counsel claimed to have filed ate based on speculations,” Mr Igwe submitted.
Mr Abubakar, on his part, cited order 7 rule 4 (1) (2) of NICN rule and urged the court to use its discretion to grant his application for an extension of time, adding that his affidavit, which had not been challenged had shown a good cause.
Mr Abubakar further submitted that the delay in filing his processes resulted from the court’s ruling on the last adjourned date, which necessitated a series of consultations.
After listening to Mr Abubakar’s submission, the court reiterated that at the last adjourned date, it was clearly stated that counsel must file and serve processes before Tuesday.
The judge also said that the application the defence counsel said he filed was not exhibited as failure to do so showed a lack of seriousness on the part of the counsel.
The court further stated that Mr Abubakar’s submission that “the sin of a counsel should not be visited on the litigant” was not applicable in the extant case.
The court equally pointed out that Mr Abubakar was trying to buy time with his applications and, in doing so, had yet to show capable and genuine reasons for the extension of time.
The court, therefore, ruled,” the application is hereby dismissed, and ruling entered accordingly.”
Mr Abubakar, given the ruling, withdrew his application for the matter to be referred to the ADR.
The court ruled and struck out the motion and directed Mr Igwe to move his application of the referral by the Minister of Labour and Employment dated September 8, 2022, accompanied by a notice of questions.
Also accompanied was a 21-paragraph affidavit deposed to by Okechukwu Nwamba, a director of legal services, Ministry of Labour and Employment, supported by eight exhibits and a written address filed on September 12, 2022.
Mr Igwe proceeded to adopt the said processes, urged the court to adopt the same as their argument and granted the declarations sought in the written address.
The court deemed the processes properly filed and adopted. The judge said that in the interest of justice, he was giving Mr Abubakar seven days to file and serve his written address and stated that the court would not entertain an application for an extension of time to that effect.
The court equally directed Mr Igwe to file his reply on the point of law, if any, within one day and adjourned the matter until May 11 for a hearing.
The two sister suits were equally adjourned until Wednesday and May 11 for the hearing and adoption of final written addresses, respectively.
On Tuesday, the matter for the adoption of final written addresses came up by way of originating summon with ASUU as the claimant, Ministry of Labour and Employment and Registrar of Trade Union and Congress of University Academics (CONUA) as defendants.
(NAN)