Socio-economic Rights and Accountability Project (SERAP) and five other undergraduates have sued the Federal Government and two others to court due to the failure of the government to come to a resolution in the demands of the striking Academic Staff Union of Universities (ASUU).
Minister of Labour and Employment, Chris Ngige and Attorney-General of the Federation/Minister of Justice, Abubakar Malami (SAN) are joint defendants in the suit.
The undergraduates, who are co-claimants in the suit are: Dongo Daniel Davou of Plateau State University; Oyebode Joshua Babafemi of Obafemi Awolowo University; Ejie Kemkanma of the University of Port Harcourt; Peter Itohowo Aniefiok of University of Uyo and Imam Naziru of the University of Ibadan.
According to the students, the refusal of the government has caused the incessant strike actions and it has infringed on their right to quality education.
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The suit, numbered NICN/ABJ/269/2022 was filed last week by their lawyer, Tayo Oyetibo (SAN), at the National Industrial Court, Abuja. The co-claimants are asking for an order directing Buhari and Ngige to immediately implement all agreements with ASUU to end the strike action and violation of the student’s right to learning.
The students said the disruption of lectures have undermined both their quality and duration of education.
SERAP and the students want the court to declare that the “refusal of the defendants to implement the terms of the FGN-ASUU Renegotiated 2009 Agreements and the 2020 Memorandum of Action, which has occasioned the prolonged strike action is unlawful, inconsistent and incompatible with Nigeria’s human rights obligations and violates the students’ right to quality education.”
They also want a court 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.
The claimants equally seek a perpetual injunction restraining the defendants and their agents from unlawfully reneging, rescinding or refusing to implement the renegotiated FGN-ASUU 2009 Agreement and the 2020 memorandum.
No date has, however, been fixed for hearing of the suit.