“Court Nullifies ASUU’s Directives” — Recognizes Bakare-Led LASU Chapter

The decision of the court was handed down in a judgement given by the presiding judge, Justice Sanda Yelwa, in a case brought before it by Bakare and seven others against ASUU and three others.

In the suit, marked NICN/318/2020, the claimants challenged the decision of the national ASUU to still recognize the executive of LASU ASUU who were replaced when their tenure came to an end.

Also, Bakare and his group challenged the decision of the national leadership of the union mandating other branches not to recognize them as the new leaders of LASU ASUU.

Justice Yelwa held “That the 1st Defendant’s decision through the meeting of the 2nd Defendant in its meeting of 7th to 8th March 2020 to bar the Claimants from participating in “Sabbatical Leave visitation, part-time Lectureship, External Examinations, External Assessments, Conferences, Workshops, Research collaborations/visits etc. to and from “LASU” is illegal, unlawful, null and void.

“That the 1st-3rd Defendants lack the authority to stop the Claimants from participating in and collaborating with other institutions through “Sabbatical Leave, visitation, part-time Lectureship. External Examinations, External Assessments, Conferences, Workshops, Research collaborations/visits etc. as the 1st Defendant resolved at its 2nd Defendant’s meeting chaired by the 3rd Defendant on 7th to 8th March, 2020 in Enugu.

“That the 1st Defendant’s decision to stop the Claimants from further collaborating with other universities and colleagues in pursuit of their individual educational objectives constitute a breach of their academic freedom and runs contrary to the Constitution of the 1st Defendant.

“That the decision of the 1st Defendant at the meeting of its 2nd Defendant presided over by the 3rd Defendant on 7th & 8th March, 2020 in Enugu State University of Technology, Enugu to wit: “Sabbatical Leave, visitation, part-time Lectureship, External Examinations, External Assessments, Conferences, Workshops, Research collaborations/visits etc. to and from LASU should be stopped forthwith, is ultra vires of the Defendants and therefore null and void.

“That the members of the Academic Staff Union of Universities, Lagos State University Branch have the right to select or elect members of their executive committee from within/amongst themselves.

“Consequent upon the above declarations; this Honourable court hereby order as follows: The defendants, their agents and privies are perpetually restrained from further interfering with and tampering with the fundamental rights and freedom of the claimants as guaranteed to them by the 1999 Constitution of the Federal Republic of Nigeria (as amended)

“The defendants, their agents and privies are perpetually restrained from interfering or meddling with the claimants’ academic freedom and fundamental rights as guaranteed by the Constitution and Code of Practice of Academic Union of Universities (as amended).

‘The 4th Defendant is perpetually restrained from complying with/or give effect to the resolution of the 2nd Defendant against the Claimants at its meeting of 7th and 8th March, 2020 at Enugu State University of Technology, Enugu.

“Judgment is entered accordingly.’

Speaking on the judgement, Bakare said it was a family issue that the court has resolved and said he and his team are ready to work with the national leadership of the union.