TheNewsGuru

Tag: Law Students

  • Why we dragged FG, ASUU to court over strike – Law students

    Why we dragged FG, ASUU to court over strike – Law students

    The Nigerian Law students have opened up on why they sued the Academic Staff Union of Universities and relevant ministries representing the Federal Government for the persistent strike which has led to the shutdown of various public universities since March 2020.

    The students through the National President of the Law Students Association of Nigeria, Blessing Agbomhere, sought an award of N10bn as compensation for the violation of their rights to education for the period of about nine months that their public institutions of learning had been shut down.

    The suit marked FHC/ABJ/CS/1551/2012 was filed at the Federal High Court in Abuja on Friday.

    Agbomhere, a final year Law student at Baze University, who is the sole petitioner, said he was mandated by a resolution of the Senate of LAWSAN to institute the suit in a representative capacity.

    Joined as defendants are ASUU, ASUU President, Prof. Biodun Ogunyemi, the Minister of Education, the Minister of Labour and Employment, the Attorney General of Federation and the Federal Government of Nigeria.

    Agbomhere, through his lawyer, Luqman Momodu, urged the court to, among others, declare that he is representing other students of his association, was entitled to right to education by virtue of Section 18(1), (2) and (3) of the Nigerian Constitution and Article 17(1) of the African Charter on Human and Peoples Right (Ratification and Enforcement) Act Cap, A9 LFN, 2004.

    He also asked the court to, in affirming his right to education, declare that the 3rd – 6th defendants (the ministers and the Federal Government) “are under obligation to create the necessary, supportive and conducive environment to ensure that the plaintiff enjoys a crisis free, peaceful and uninterrupted learning for the purpose of the promotion, enhancement and enjoyment of the plaintiff’s right to education.”

    He also sought a declaration that “the indefinite strike action embarked upon by the 1st and 2nd defendants (ASUU and its President) since March 2020 leading to the closure of government owned universities which has detrimentally and negatively impacted on plaintiff’s learning and the smooth operation of academic calendar of universities is a brazen infraction of the plaintiff’s right to education”.

    While he sought an order of perpetual injunction restraining ASUU “from further declaring or embarking on indefinite and incessant strike actions which might ultimately interfere, alter, derogate and undermine the Plaintiff’s right to education”, he also sought an order directing “3rd – 6th defendants to re-open government-owned universities forthwith and to honour their contractual agreements with the 1st and 2nd defendants in the overall interest of the plaintiff”.

     

     

  • Strike: Law students sue ASUU, demand N10bn compensation

    Strike: Law students sue ASUU, demand N10bn compensation

    Law Students Association of Nigeria has dragged the Academic Staff Union of Universities (ASUU), before the Federal High Court Abuja, challenging what it described as the incessant strikes of the union.

    In the suit which was filed at the court on Friday, the association is seeking an order to compel ASUU to return to the classroom as well as an order of perpetual injunction to restrain ASUU from embarking on further strikes.

    The suit which was filed by the President of the association, Mr Blessing Agbomhere on behalf of his members is also asking the court to compel ASUU to pay N10 billion compensation to Nigerian students.

    This, the association claims is for allegedly infringing on the right of the students to education as guaranteed by Section 18 of the 1999 Constitution and Article 17 of African Charter on Human and Peoples Rights.

    The association is further asking the court to order ASUU to pay damages to all Nigerian students for the psychological and emotional torture metted out to them as well as the loss of valuable time following the continuous strike.

    Speaking to newsmen, Agbomwere said that the suit was sequel to its findings that ASUU members had been short- changing the Federal Government by teaching in more than one university.

    He said it’s investigations also revealed that members of the union were engaging in consultancy services in oil companies and collecting multiple salaries at the detriment of the Nigerian students.

    Apart from ASUU, the association also joined Prof. Biodun Ogunyemi, ASUU President, the Minister for Education, the Minister for Labour and Employment, the Attorney-General of Federation and the Federal Government as 2nd to 6th defendants in the suit.

    The association is seeking among other reliefs, a declaration the strike of the union is a breech of the right of members of the association to education.

    “A declaration that the indefinite strike embarked upon by the 1st and 2nd defendants since March 2020, leading to the closure of government owned universities, which has detrimentally and negatively impacted on plaintiff’s learning and the smooth operation of academic calendar of universities, is a brazen infraction of the plaintiff’s right to education.

    “An order of mandatory injunction compelling the 1st and 2nd defendants to call off the strike and return to the status quo ante bellum whilst negotiation for amicable resolution of the issues in contention or among the defendants is ongoing.

    “An order of perpetual injunction restraining the 1st and 2nd defendants whether by themselves, servants, agents and/or privies from further declaring or embarking on indefinite and incessant strikes.”

    The students are also seeking an order directing the 3rd to 6th defendants to re-open government owned universities and to honour their contractual agreements with the 1st and 2nd defendants in the overall interest of the plaintiff.

    The students are also asking the court to award the sum of N10 billion against the union.

    “This is to serve as general and exemplary damages for the loss of valuable time, opportunity, mental torture, psychological anguish and general deprivation which the plaintiff has suffered or is likely to be exposed to on graduation.”

    In his statement of claim, Agbomwere said that he is a Nigerian citizen, a final year law student of Baze University and currently the President of the Law Students Association of Nigeria (LAWSAN).

    He further averred that the suit was sequel to a mandate given to him by the Senate of Law Students’ Association of Nigeria (LAWSAN), to institute this suit in a representative capacity against the defendants.

    No date has however, been fixed to hear the suit.

    ASUU has been on strike since March 2 and officials of the union have been negotiating with the government since then.

  • NANS threatens nationwide protest over lingering NOUN law students’ crisis

    The National Association of Nigerian Students (NANS) has issued a notice of mass actions over the protracted crisis between the Council of Legal Education (CLE) and National Open University of Nigeria (NOUN)

    It said the crisis had hindered the law graduates of the university from admission into the Nigerian Law School for over five years.

    A statement by the National Vice President (External affairs) of the association, Taiwo Bamigbade, and made available to journalists in Abuja on Tuesday, said the protest would begin on August 27 and would be in two phases.

    Bamigbade said the association had earlier written a letter to notify President Muhammadu Buhari on Monday over the crisis.

    The student body had issued a three months ultimatum to the federal government on May 23 to admit the Law graduates from NOUN into the Nigerian Law School.

    The student apex body described as unfortunate that its three-month ultimatum to the federal government received no attention, despite the plight of NOUN law students for the past five years instead it continued with gimmicks.

    “Sequel to our petition dated 23rd May, 2018 in respect of the intimidations, injustices and inhumanity to man meted out to students that were offered admission and graduated in the faculty of law of the National Open University of Nigeria (NOUN).

    “As stated previously, it amounts to fraud, deceit, discrimination and mischief against the Nigerian students and inhumanity to vulnerable citizens, especially the youths to formally admit, graduate and issue them deficient certificates after several years of study despite financial implication.

    “We will commence our mass actions with Phase-1 in the Federal Capital Territory from 27th to 31th August.

    “Consequently, we have decided that enough is enough and shall inevitably shut down the Federal Capital Territory, Abuja, against any public activities taking place in the period.

    Bamigbade stated that the phase one protest which would be a five-day mass action will take place in the Federal Capital Territory, Abuja, while phase two will take place on October 1.

    Recall that ‎the judgment of Justice Hilary Oshomah of the Federal High Court. Port-Harcourt, Rivers, on October 4, 2017, hands-off the matter to the academia to resolve.

    The bodies include the National Universities Commission (NUC), Council of Legal Education (CLE) and the Federal Ministry of Education.

    ‎However, the decision of the court did not go down well with the NOUN, Law Graduates Forum, who stated that the court unconsciously renounced its jurisdiction on all academic and students’ matters.

    The forum also frowned at the nonchalant attitude of the three academic bodies in resolving the misunderstanding despite the judgment‎.

    The letter was copied to the Senate President, Dr Bukola Saraki and Speaker, House of Representatives, Mr Yakubu Dogara.

    Others are: The Minister of Education; Executive Secretary, National Universities Commission; Director-General, Nigerian Law School and the Vice-Chancellor, NOUN. ‎