FG not obliged to pay salaries of ASUU members who participated in strike, court rules

The national industrial court of Nigeria (NICN) has upheld the “no work, no pay” rule by the federal government in the suit filed against the Academic Staff Union of Universities (ASUU).

Benedict Kanyip, president of the court, delivered the judgment on Tuesday.

Kanyip said it was within the rights of the federal government to withhold salaries of workers who embark on industrial action, describing the “no work, no pay” rule as perfectly legal.

The court, however, held that it is a violation of university autonomy for the government to impose the integrated payroll and personnel information system (IPPIS) platform on members of ASUU who reserve the right to determine how their salaries should be paid.

THE FG VS ASUU DRAMA

On February 14, 2022 ASUU embarked on a strike action over issues revolving around revitalising public universities, and a review of lecturers’ salaries and allowances, among other matters.

After several meetings to resolve the strike ended inconclusively, the federal government proceeded to the national industrial court to challenge the action.

The industrial court, in a ruling delivered on September 21, 2022 granted the federal government’s application for an interlocutory injunction to restrain ASUU from continuing with the strike pending the determination of the substantive suit.

However, ASUU directed its members to continue with the strike despite the court’s ruling, a move Chris Ngige, former minister of labour, described as “unwarranted lawlessness”.

Not satisfied with the NICN ruling, ASUU approached the court of appeal seeking leave to challenge the lower court’s decision.

The court of appeal subsequently asked the parties to explore the option of an out-of-court settlement.

On October 14, the strike was called off despite unresolved issues.