Kunle ADELABU
Mr Samuel Sogunro, Rector, LASPOTECH and Comrade Semiu Fasasi, NASU Chairman
The management of the Lagos State Polytechnic, Ikorodu, and members of the three unions in the institution; Non-Academic Staff Union of Educational and Associated Institutions (NASU),Senior Staff Association of Nigeria Polytechnics(SSANIP) and Academic Staff Union of Polytechnics (ASUP), who have been at loggerheads due to their disagreement on the implementation of CONTISS 15 Migration, returned to court on yesterday (Monday, April 1st) to present their cases in the matter filed two years ago.
The matter, which is before the National Industrial Court of Nigeria, is with Suit No. NICN/LA/361/2017.
The two warring parties have turned the Ikorodu main campus of the institution to battle field in recent time and every attempt to resolve the matter has proven abortive as both parties refused to sheath their swords.
On Wednesday, March 27, 2019, the Non-Academic Staff Union of Educational and Associated Institution (NASU) led other unions – Academic Staff Union of Polytechnic (ASUP) and Senior Staff Association of Nigeria Polytechnic (SSANIP) in a renewed protest which resulted in the closure of the institution and complete grounding of academic, administrative and other daily social and economic activities within the campus.
The unions’ members had claimed that their action was necessitated by what they termed as ‘selective salaries payment’ by the institution’s management for the month of March.
It was alleged that the management of the institution, led by the Rector, Mr Samuel Sogunro, last week paid the salaries of the academic union members for the month of March and withheld that of the non-academic staff union members.
However, the matter that was brought before the National Industrial Court of Nigeria sitting in Lagos, is alleging members of the unions of attacking the management of the institution.
Counsel to the Lagos State Polytechnic, Sowemimo O.S (SAN), while making his submission on the matter before the court, had alleged that the 3rd Defendant (members of the Non-Academic Staff Union of Educational and Associated Institution (NASU)), are attacking authorities of the Polytechnic and have become unruly while the suit is still before the court, a development the senior lawyer described as contemptuous of the court.
“The application is ripe for hearing and Counter-Claimant has responded. As we have averred, and which has not been contradicted, the Counter-Claimants are attacking the authorities of the 3rd Defendant to the Counter-Claim. They have become unruly while the suit is in Court. That is contemptuous of the Court”, Sowemimo stated.
Hon. Justice E.A. Oji, (PhD.) of the National Industrial Court of Nigeria, while ruling on the application, directed members of the unions in Lagos State Polytechnic campus to maintain peace and refrain from action(s) capable of causing breach of the matter before the court.
Delivering his ruling, the presiding judge, stated:
“If, as requested by Mr. Bajebade, the application is not heard for them to respond, then the Counter-Claimants must maintain the peace and respect the fact that they have brought their dispute to the Court.
Comrade Biodun Awoyemi, SSANIP Chairman and Comrade Salami Olugbenga, ASUP Vice chairman
“(Court calls the representative of the Counter-Claiming Associations and urge them to maintain the peace.) It is now ordered as follows: The Counter-Claimants are to maintain the peace and not engage in actions that will obstruct the official activities of the 3rd Defendant to the Counter-Claim pending the determination of the motion for interlocutory injunction.
Meanwhile, Counsel to the Polytechnic, while appearing before the court, had initially stated that there are two applications before the court dated 18/2/19 and the second one dated 1/3/19.
Sowemimo added that his Client would prefer to take the latter which is an application for injunction.
Akin Bajebade, the lead counsel to the unions, in his own argument, stated that the Claimants, who have two applications challenging the jurisdiction of the Court, cannot in the same breadth bring an application for injunction.
In ruling on the application, the Court stated that the rule stipulates that the Court should take application that saves the suit before the one which will terminate the action.
“The rules allow that the Court should take the application that saves the suit before that which will terminate the action”, the presiding judge ruled.
Responding, Counsel to the unions sought for time to file a further affidavit to address the issue raised by the institution.
While reacting to the ruling in a chat, Semiu Akinlawon Fasasi, Chairman, NASU, LASPOTECH branch, stated that the ruling compelled both parties to maintain peace.
“The Court Ruling is for both parties to maintain the peace. In fact, the circular of the Registrar to force our members to work is a big threat to the peace. We hope the Management too is mindful of the consequences”.
The parties are to return to the court on the next adjournment date on June 18, 2019, for hearing motion on notice.
