The strike embarked upon by public university lecturers under the aegis of the Academic Staff Union of Universities (ASUU) will enter its seventh month this week.
The Socio-Economic Rights and Accountability Project (SERAP) and five university students have filed a lawsuit against Nigerian President, Muhammadu Buhari.
In the suit, they are asking the court to “declare unlawful the refusal by the Federal Government to meet ASUU’s demands, which has occasioned the prolonged strike action and violated the students’ right to quality education.”
The strike embarked upon by public university lecturers under the aegis of the Academic Staff Union of Universities (ASUU) will enter its seventh month this week.
Joined in the suit as Defendants are the Minister of Labour, Employment and Productivity, Chris Ngige, and Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN.
The suit followed the alleged lack of commitment by the Nigerian Government to implement the agreements with the Academic Staff Union of Universities (ASUU), and end the industrial action by the union and the threat by the government to implement its “no work, no pay” policy.
In the suit number NICN/ABJ/269/2022 filed last week at the National Industrial Court, Abuja, SERAP and the students are seeking: “an order directing President Buhari and Mr 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.”
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 marginalizing economically disadvantaged parents and students.”
The suit filed on behalf of SERAP and the students by their lawyer Tayo Oyetibo, SAN, 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 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.
“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 penalize economically disadvantaged parents who have no means or capacity to send their children to private schools.
“Equal access of Nigerian children and young people to quality and uninterrupted education including at the university level would contribute to producing citizens who are fundamentally equal and people who actively participate in society.”
It noted that “SERAP had earlier advised President Buhari to recover the N105.7 billion stolen public funds and utilize same in addition to specified percentages of the N3.6 billion feeding and travels allowances for the President and the N134 billion 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.”
It added that the breach of the agreements by the Nigerian Government 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,” it said.
It added, “Owing to poor funding, poor remuneration system, unconducive learning and training environments in public tertiary institutions in Nigeria, ASUU after a protracted strike action concluded the FGN-ASUU 2009 Agreement in October 2009.
“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 N1.3 trillion to be implemented across a period of 4 years between 2009 and 2013.
“It was agreed that the N1.3 trillion funding of Government-owned tertiary institutions would span between years 2014 and 2018. It was also agreed that the sum of N200 billion Naira would be released to public tertiary institutions in 2013 while a tranche of N220 billion Naira was to be paid yearly between 2014 and 2018.
“However, according to reports, only the sum of N200 billion Naira was released in 2014 and no other sum, apart from the sum of N20 billion Naira released in 2019 was paid to the institutions.”
SERAP and the students are also seeking the following reliefs among others:
"A DECLARATION that the acts of the Defendants and their agents in withholding the remunerations of the members of ASUU for the period of the strike while at the same time paying members of sister staff unions is discriminatory and in violation of ASUU members’ right to freedom of association, right to strike and collective bargaining.
"AN ORDER directing the Defendants and their agents to implement forthwith the terms of the Renegotiated 2009 Agreement and the 2020 Memorandum of Action in order to put an end to the strike action and desist from further violation of the rights of the Nigerian students to quality education.
"AN ORDER mandating the Defendants and their agents to immediately release and pay all the withheld and outstanding remunerations, salary, allowances and other emoluments both for the period and outside the period of the current strike action to all members of ASUU."
No date has been fixed for the hearing of the suit.