Socio-Economic Rights and Accountability Project (SERAP), and five university students have sued President Muhammadu Buhari’s administration over refusal by the Federal Government to meet Academic Staff Union of Universities (ASUU) demands, which has occasioned the prolonged strike action and violated the students’ right to quality education.
SERAP asked the court to declare unlawful the refusal by the Federal Government.
Joined in the suit as defendants are the Minister of Labour, Employment and Productivity, Dr Chris Ngige, and Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN.
The suit followed the apparent lack of commitment by the Federal Government to implement the agreements with ASUU, and to end the over seven-month-old industrial action by the union, and the threat by the government to implement its “no work, no pay” policy.
In the suit filed on behalf of SERAP and the students by their lawyer, Tayo Oyetibo, SAN, at the National Industrial Court, Abuja, at the weekend, SERAP and the students asked for: “an order directing President Buhari and Ngige to immediately implement all the agreements with ASUU in order to end the strike action and violation of the students’ right to quality education.”
The students, who are co-claimants in the suit are: Dongo Daniel Davou; Oyebode Joshua Babafemi; Ejie Kemkanma; Peter Itohowo Aniefiok; and Imam Naziru.
They are students of Plateau State University, Obafemi Awolowo University, University of Port Harcourt, University of Uyo, and University of Ibadan, respectively.
According to SERAP and the students: “Disruption of classes undermines both the quality and duration of students’ education.
This situation has aggravated existing disparities in access to university education in the country, further marginalising economically disadvantaged parents and students.”
The suit read in part: “The Federal Government has failed to respect, protect, promote and fulfil the right to quality education, and the right to freedom of association through the principle of collective bargaining.
“Although Nigeria has ratified several human rights treaties, which guarantee the right to quality education of Nigerian students, the Federal Government has over the years refused to meet the demands by ASUU, and to address the poor environment in the country’s universities.
“The failure to implement the agreements with ASUU is also a fundamental breach of the right to education without discrimination or exclusion, as strike actions continue to penalise economically disadvantaged parents who have no means or capacity to send their children to private schools.
“SERAP had earlier advised President Buhari to recover the N105.7billion stolen public funds and utilise same in addition to specified percentages of the N3.6billion feeding and travels allowances for the President and the N134billion allocated to the National Assembly in the 2022 Budget to meet the legitimate demands by ASUU.
“Apart from being a right in itself, the right to education is also an enabling right. Education is a public good.
“The right to bargain freely with employers with respect to conditions of work constitutes an essential element in freedom of association, and trade unions including ASUU should have the right to seek to improve the living and working conditions of those whom they represent.”
“The Federal Government has continued to ignore the plights of teeming undergraduates, who have been denied access to quality education due to the lingering strike action occasioned by the continued reluctance of the Defendants and their agents to implement the agreements with ASUU.
“The breach of the agreements by the Federal Government clearly provides a reasonable basis for ASUU members to exercise their right to strike as a last resort. It is unlawful to punish the members simply for peacefully exercising their right.
“Nigerian students in public universities have suffered many years of disruption as a result of the failure of governments to address the root causes of strike action by ASUU and to faithfully implement the agreements reached with the union, leading to devastating consequences on the right to equal and quality higher education.
“According to reports and available evidence, the FGN-ASUU Initialled 2009 Agreement sought, among others, the resolution of the following underlying issues: proper funding of public tertiary institutions to the tune of N1.3trillion to be implemented across a period of four years between 2009 and 2013.
“It was agreed that the N1.3trillion funding of Government-owned tertiary institutions would span between years 2014 and 2018. It was also agreed that the sum of N200billion would be released to public tertiary institutions in 2013 while a tranche of N220billion was to be paid yearly between 2014 and 2018.”
“However, according to reports, only the sum of N200billion was released in 2014 and no other sum, apart from the sum of N20billion released in 2019 was paid to the institutions.”
No date has been fixed for the hearing of the suit.
Meanwhile, the Minister of Labour and Employment, Dr Chris Ngige, has dragged the Academic Staff Union of Universities (ASUU) to the National Industrial Court of Nigeria, Abuja, over the prolonged strike of the union.
Ngige, in a leaked letter written to the Chief Registrar of the court, dated September 8, 2022, alleged the refusal of ASUU to call off its strike which began February 14, 2022, and thereby, asked the court to accelerate hearing on the matter in order to bring the dispute between the union and the government to an end.
The letter was titled, ‘Forwarding of a Referral Instrument in the Trade Dispute Between the FG/Federal Ministry of Education and ASUU.’
It partly read, “Please find attached three original copies of a Referral Instrument regarding the trade dispute between the FG /Federal Ministry of Education and ASUU for adjudication by the National Industrial Court of Nigeria.
“The Referral Instrument is raised in fine with powers vested on the Honourable Minister of Labour and Employment by trade dispute resolution mechanisms and the provision of Section 17 of the Trade Dispute Act. CAP. T8 Laws of the Federation of Nigeria (LFN), 2004.
“In view of the fact that ASUU members have been on strike since February 14, 2222 and have refused to cull off the action despite apprehension of same, it would he appreciated if this dispute is given an accelerated hearing in order to bring the dispute to an end.”