*Says he’s an advocate of rule law, obedience to lawful court order
*Wants Senior Advocate to prevail on ASUU to return to classes immediately
The Court of Appeal in Abuja has tasked the lead lawyer to the Academic Staff Union of Nigerian Universities (ASUU), Mr Femi Falana (SAN), on the need to prevail on his client to obey the lawful order of the National Industrial Court, asking the lecturers to return to classes immediately.
The appellate court further held in its ruling that it is challenging Falana on the grounds that he is an advocate of rule of law and obedience to lawful order.
It added that Falana had championed the two issues and even argued them in court on many occasions to advance the course of law and good governance.
The Court of Appeal therefore challenged Falana to aid obedience of lawful court order and advised his client to call off the strike without further delay.
This was disclosed in the Certified True Copy of the Court of Appeal ruling in a suit marked CA/ABJ/PRE/CV/995/2022 between ASUU and Federal Government.
The Certified True Copy of the ruling was dated October 12 and made available to TheIdeal on Thursday.
In the ruling read by a Justice of Court of Appeal (JCA), Justice Hamma Akawu Barka, the appellate court said, “In conclusion, My Lords, permit me to express the view that I have known Mr Falana, SAN for a long time as an advocate of the rule of law, and obedience to lawful orders made by courts of the land.
“He has championed that cause in numerous cases. I challenge him to aid the obedience of lawful court orders made.”
On the need for ASUU to obey the National Industrial Court order, Justice Barka said, “Now worrisome, is the failure of the applicants herein to obey the judgment of the lower court, thus leading the learned counsel for the Respondent to draw the attention of the court to that fact, contending that the applicants are seeking for order of this court with dirty hands, and in that regard, the case of the Military Governor of Lagos State vs. Ojukwu was cited and relied upon.
“Our attention was also referred to the case of Mobil Oil Nig. Ltd vs. Assan (1995) 8NWLR (pt. 412) 129 @ 150, where the Supreme Court held that: “Chief FRA Williams, SAN referred the court to the cases of Huang & Ors. V. Bello &Ors. supra and Restico Nigera Ltd. V. Societe General Surveillance SA supra.
“These are Court of Appeal decisions and were in my view rightly decided. What the court below was saying in both cases was that where a person is appealing against a matter in which he had suffered a defeat and for leave to be made to this court, but peradventure, a stay of execution pending the determination of the appeal, he would not be liable in contempt merely because he had not obeyed the order which he is appealing against or which he wants stayed pending the appeal.
“Afe Babalola SAN, in his treatise, pointed out that in exceptional cases there can be lawful disobedience of an injunctive order, asked for opining that; there are exceptions to the rule that any person against whom an order is made must obey it.
“Also in Odogwu v. Odogwu (1992) 2 NWLR (PT 225) P 539 at 554 the Supreme Court held that the common law rule precluding persons in disobedience of the order of court against them from being heard in respect of the matters which they stand in disobedience permits of an exception where the order disobeyed was made without jurisdiction or where the party in disobedience is challenging the validity of the order.
“In view of this state of the law, I am inclined to granting the application for leave to appeal the decision of the National industrial Court of Nigeria delivered on the 2nd day of September, 2022 as prayed on the condition that the order of the lower court is obeyed immediately.
“In conclusion, prayer one in the motion papers is granted as prayed, and Applicant granted 7 days to file his notice of appeal before the court below.”
, Mr Femi Falana (SAN),){kind=link}