The National Industrial Court in Calabar has fixed Dec. 2 for ruling in an application seeking to stop remittance of check-off dues to the national body of the Academic Staff Union of Universities (ASUU) by the University of Calabar (Unical) chapter.
Justice Sanusi Kado, fixed the date on Wednesday, after hearing in the suit instituted by some members of the union over allegation of fraud perpetuated by the executive of the ASUU chapter between 2019 and 2023.
The suit was instituted by some concerned lecturers from the University, with Dr John Inaku and nine others as complainants while ASUU (National) and two others as defendants.
At the begining of the matter, Counsel to the claimant, Mr Samuel Ikpeme, had filed a motion on notice with four prayers.
Among the applicantion is an order restraining the first defendant (ASUU) from enforcing or giving effect to the purported suspension of the second defendant, pending the hearing and determination of this suit.
He also sought for an order of interlocutory injunction restraining the second defendant, its officers from remitting, transferring, or paying any part of the claimant’s check off dues to the first defendant.
According to the application, this covers August 2019 to October, 2023 or for any other period pending the hearing and final determination of this suit.
The counsel to the defendants, Mr C. Chukwu, had prayed the court to dismiss the applications for lack of merit.
To this, the claimant’s counsel responded that the defendants’ counter application should be dismissed since it was filed outside the time frame allowwe by the court rules.
“Order 17 rule I sub 10 order the court, the affidavit was not filed within seven days allowed for such.
“As such, there is no counter affidavit before the court. I urge the court to discontenance their affidavit by so doing grant out prayers,” he argued.
Both counsel noted that their affidavits were both accompanied by written addresses in support of the applications.
Justice Kado subsequently adjourned ruling until Dec. 2 after listening to the arguments presented by both counsel.
On the substantive suit, the claimants are seeking fifteen reliefs from the national industrial court, which include a declaration that they can not repay or remit again their check-off dues already deducted from their salaries.
The claimants are also seeking an order directing the 1st defendant to forthwith lift the suspension of the 2nd defendant and restore all rights, privileges, and benefits due to the claims as members of ASUU.
In addition, they want the court to “direct the 3rd Defendant (Dr Edor) to render a true and proper account of all dues collected during his tenure.
“Order compelling the 3rd defendant to refund the sum of #138,782,840.97 not remitted to the 1st defendant by him or such sum as may be found due upon rendition of accounts for remittance of same to the 1st defendant.
“An order directing the 1st defendant to take disciplinary action against the 3rd defendant in line with the ASUU constitution and Trade Unions Act.
“An order restraining the defendants from taking any punitive measures or action whatsoever against the claimants on account of this suit or any matter related thereto.”
In addition, the claimants also want the court to order the first defendant to pay the claimants the sun of N150 million in general damages
They are also seeking an order mandating the 3rd defendants (Dr John Edor) to pay the claimants the sum of N50million in general damages.
They also demand an order of 21 per cent interest per annum on the judgment sum until the same is liquidated by the defendants and a special damages.
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