LEGAL ISSUES ARISING FROM THE COURT ORDER AGAINST ASUU

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By: Barrister Isyaku Muhammad Danjumma

1. The order granted against ASUU is interlocutory order that I’ll only last within the pendency of the main case between the parties involved;

2. The order granted against ASUU must be obeyed, even if such an order is perverse, until the order is set aside by a competent court, i.e Court of Appeal;

3. If ASUU choose to disobey the said order, the effect is that ASUU cannot be heard in the substantive case while still in disobedience. On this, see case of Barrister Orker Jev V. Sekav D. Iyortyom (2014) LPELR- 23000 (SC).

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4. However, ASUU has inherent right to appeal the ruling on the said order made against it. This must be explored within 14 days from today or by extension of time at expiration of the 14 days allowed by law;

5. ASUU also has the right to apply for the stay of execution of today’s order, pending the hearing and determination of its appeal. This principle can be deduced from the decision of Supreme Court in the case of C.C.B. (Nigeria) Plc. v A.-G., Anambra State (1992) 8 NWLR (Pt.261) 528.

6. In the event ASUU opts to stay execution of the order and did not succeed, ASUU has no option than to obey today’s order pending determination of their appeal and failure to obey will have the effect as stated in paragraph 3 above;

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7. Since the order is granted by vacation judge who has transfered the case file for reassignment, the order would have automatically gone when the case starts de novo, unless Federal Government reapply for the order; and

7. Note that the order made against ASUU now is not the final order that determines the main suit. Thus, has no bearing whatsoever on the main suit.

©I.M Danjumma Esq




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