Some Picks from Appeal Court's Order; A Lawyers' Position

ASUU: Picks from Appeal Court Order

This development has been well-trashed in a lawyers' forum and the take aways are these:

1. That Order of the Appeal Court with the conditions surrounding it is incapable of being complied with.

2. Where is the justice in coercing ASUU to comply with what they want to Appeal against? A court doesn't make an order in a vacuum or an order that cannot be enforced. Also, courts do not take sides and they examine every circumstances of what led to the dispute in the first place.

3. Why the Government approached the Court was because they wanted the Lecturers back to classrooms and the Lecturers have been saying that they couldn’t until a workable Agreement is reached.

4. One of the oldest principles in law is *Pacta Sunt Servanda* (“agreements must be kept”). It's the Govt that has come to equity with "dirty hands", not ASUU. Can the Court close its eyes to the various documented breaches of past agreements? No.

5. In law, once you have shown your intention to appeal by your Notice of Appeal, the _status quo_ would be *before* the Judgment you wish to appeal against.

6. So, the Court of Appeal insisting that the judgment of the lower court, the NICN must first be obeyed is not the law, we call such as being made _per incuriam_, there's no precedent for that and it can't be cited as precedent for future cases. It's DOA, when taken upstairs to the Supreme Court.

7. The Judgment was against ASUU's Fundamental Rights, thus, it's a good ground to appeal against the Order itself.

8. When Fundamental Human Rights becomes the issue, it is a different thing entirely and would take precedence as a Constitutional issue.

9. It's also a principle of employment law that you cannot force an unwilling Employee upon an Employer.

10. Even, the Appeal Court’s Order does not stand a good chance of being implemented within Seven Days since this a body that the President of the Union cannot just give an order like a Military Commander to the Lecturers to go back to the Classrooms. What classrooms?

10. The Appeal Court Judges made the Order from an angle of “ Parents “ which in itself was sentimental. Sentiments have no place in law.

Thank you.

Comments

PHILANTHROPIST AND GOOD MAN

PERSONALITY PROFILE: THIS WEEKEND GOES TO HIS EXCELLENCY, PRINCE MATAKISTWEN SHEKARAU MASA-IBI. THE FOUNDER OF AYOKU KANDE FOUNDATION ( AYF) BIRTH His Excellency Prince Matakitswen Shekarau Masa-Ibi was born into the family of His Royal Majesty Dr. Shekarau Angyu Masa-Ibi Kuvyon II, the 24th Aku Uka and Ayoku Kande Shekarau Angyu Masa-Ibi both of the blessed memory. His noble nativity occurred on the 17th November, 1974 in Wukari Local Government Area of Taraba State. EDUCATION His Excellency Prince Matakitswen began his elementary education at Central Primary School, Wukari from 1985-1990. After which he proceeded to the Government Secondary School, Ibi from 1991-1996. His quest for more knowledge took him to the Federal Polytechnic Nasarawa State from 1998-2001 where he obtained Diploma in Public Administration. WORKING EXPERIENCE Upon completion of studies, he served humanity in diverse capacities and to mention but few which includes: working as a clearing

OFFICIAL CORONATION AND PRESENTATION OF STAFF OF AUTHORITY TO THE GARA DONGA

SPECIAL INVITATION The Chamba Community in Taraba State invites all sons and daughters, friends, and well-wishers to the official presentation of Staff of Office to His Royak Majesty Amb. Sanvala Varzoa Shimbura, Gargbanyi II, Gara Donga, which by the special grace of God is scheduled as follows; Date: 20th October, 2022 Venue: Donga Town in Donga Local Government Area Time: 10:00am. All Chamba Sons and Daughters home and in the diaspora are, therefore, encouraged to honor this occasion with their presence adorned in Chamba attire to publicly show solidarity and liven up our 'Chamba Sai Tambari Slogan' . We pray God makes this auspicious occasion a success and grants all participants and attendees a mercy journey. Signed: Head, Publicity Committee for Central Planing.

FGC Wukari 1994 Class Donates Modern Water Facility to Alma Mater

The 1994 graduating class of Federal Government College (FGC) Wukari, Taraba State, has donated a modern water facility to the school for the use of both staff and students. This initiative was driven by the rising concerns over poor water supply in the college. The project, brought to fruition through the contributions of the 1994 alumni who have since established themselves in various fields, was officially handed over to the school management on August 24, 2024, by representatives of the class. Speaking at the handover ceremony, Professor Shishi Zhema, the current Vice-Chancellor of Kwararafa University, Wukari and a member of the 1994 class, reflected on their experiences as students at FGC Wukari. "When we were here, water was a significant challenge for us. We had to go to great lengths just to access clean water. That’s why we felt that addressing the water issue is a major priority for FGC and its host community.

Quick Waka Nig

Search This Blog