The National Industrial Court of Nigeria (NICN) in Lagos has criticized the national leadership of the Academic Staff Union of Universities (ASUU) for failing to recognize the Lagos State University (LASU) chapter led by Prof. Ibrahim Bakare.
This ruling, delivered by Justice Sanda Yelwa, stems from a legal case filed by Bakare and seven others against ASUU and three additional parties. The case, marked NICN/318/2020, contested ASUU’s decision to maintain recognition of the previous LASU ASUU executive after their tenure ended and the directive to other chapters not to acknowledge Bakare’s leadership.
Court Declares ASUU’s Actions Unlawful
Justice Yelwa declared that ASUU’s actions—barring the claimants from engaging in academic activities like sabbatical leaves, part-time lecturing, external assessments, conferences, and collaborations—were illegal and violated their academic freedom.
The judge highlighted the following key points in the ruling:
- Academic Freedom Restored: The court invalidated ASUU’s resolution from its March 7-8, 2020 meeting, which attempted to restrict the LASU chapter’s participation in collaborative academic activities.
- Unlawful Directives: It was declared that ASUU lacked the authority to interfere with the claimants’ rights to academic collaboration and individual professional growth.
- Leadership Autonomy: The LASU branch was affirmed as having the right to elect its executive members independently, free from external influence.
Justice Yelwa further emphasized that ASUU’s actions were unconstitutional and violated the rights guaranteed to the claimants under the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Permanent Injunctions Issued
The court issued the following directives:
- ASUU and its agents are permanently restrained from tampering with the claimants’ academic freedom and fundamental rights.
- The national ASUU is prohibited from implementing its resolution against the LASU branch leaders.
Justice Yelwa concluded by stating, “Judgment is entered accordingly.”
Prof. Bakare Welcomes the Judgment
In response, Prof. Ibrahim Bakare described the court’s decision as a resolution to an internal family matter. He expressed readiness to work collaboratively with ASUU’s national leadership, ensuring the smooth operation of the LASU chapter.
This landmark ruling reinforces the principles of academic freedom and autonomy within Nigerian universities, setting a precedent for how internal disputes in academic unions should be handled.
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