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Home»Education»Strike: Legal issues arising from court order against ASUU, By I. M. Danjumma Esq
Education

Strike: Legal issues arising from court order against ASUU, By I. M. Danjumma Esq

NewsdeskBy NewsdeskSeptember 21, 2022Updated:September 21, 2022No Comments2 Mins Read
ASUU
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1. The order granted against ASUU is interlocutory order that I’ll only last within the pendency of the main case between the parties involved;

2. The order granted against ASUU must be obeyed, even if such an order is perverse, until  the order is set aside by a competent court, i.e Court of Appeal;

3. If ASUU chooses to disobey the said order, the effect is that ASUU cannot be heard in the substantive case while still in disobedience. On this, see case of Barrister Orker Jev V. Sekav D. Iyortyom (2014) LPELR- 23000 (SC).

4. However, ASUU has inherent right to appeal the ruling on the said order made against it. This must be explored within 14 days from today or by extension of time at expiration of the 14 days allowed by law;

5. ASUU also has the right to apply for stay of today’s order pending the hearing and determination of its appeal. This in principle can be deduced from the decision of Supreme Court in the case of C.C.B. (Nigeria) Plc. v A.-G., Anambra State (1992) 8 NWLR (Pt.261) 528.

6. In the event ASUU opts to stay execution of the order and did not succeed, ASUU has no option than to obey today’s order pending determination of their appeal and failure to obey will have the effect as stated in paragraph 3 above;

7. Since the order is granted by vacation judge who has transfered the case file for reassignment, the order will automatically be gone when the case is to start de novo, unless theb Federal Government reapplies for the order; and

7. Note that the order made against ASUU now is not the final order that determines the main suit. Thus, has no bearing whatsoever on the main suit.

Legal issues arising from court order against ASUU
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