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Socio-Economic Rights and Accountability Project (SERAP) and five university students have sued President Muhammadu Buhari, asking the court to declare unlawful refusal by the Federal Government to meet ASUU’s demands, which has occasioned the prolonged strike action and violated the students’ right to quality education.
Joined in the suit are Ngige, and Attorney-General and Minister of Justice, Abubakar Malami.
Students who are co-claimants in the suit are Dongo Daniel Davou; Oyebode Joshua Babafemi; Ejie Kemkanma; Peter Itohowo Aniefiok; and Imam Naziru. They are students of Plateau State University, Obafemi Awolowo University, University of Port Harcourt, University of Uyo, and University of Ibadan, respectively.
The suit followed the apparent lack of commitment by the Federal Government to implement the agreements with the Academic Staff Union of Universities (ASUU), and to end the over seven-month-old industrial action by the union, and the threat by the government to implement its “no work, no pay” policy.
In the suit number NICN/ABJ/269/2022 filed last week at the National Industrial Court, Abuja, SERAP and the students are seeking: “an order directing President Buhari and Mr. Ngige to immediately implement all the agreements with ASUU in order to end the strike action and violation of the students’ right to quality education.”
According to SERAP and the students: “Disruption of classes undermines both the quality and duration of students’ education. This situation has aggravated existing disparities in access to university education in the country, further marginalizing economically disadvantaged parents and students.”
The suit filed on behalf of SERAP and the students by Tayo Oyetibo said failure to implement the agreements with ASUU is a fundamental breach of the right to education without discrimination or exclusion, as strike actions continue to penalise economically disadvantaged parents who have no means or capacity to send their children to private schools.
It also noted: “Equal access of Nigerian children and young people to quality and uninterrupted education including at the university level would contribute to producing citizens who are fundamentally equal and people who actively participate in society.
“It would enable people to enjoy the rights as well as fulfil obligations that are associated with citizenship.”
SERAP and the students are seeking a declaration that the refusal of the Defendants to implement the terms of the FGN-ASUU Renegotiated 2009 Agreements and the 2020 Memorandum of Action which has occasioned the prolonged strike action is unlawful, inconsistent and incompatible with Nigeria’s human rights obligations and violates the students’ right to quality education.
. A declation that the acts of the Defendants and their agents in withholding the remunerations of the members of ASUU for the period of the strike while at the same time paying members of sister staff unions is discriminatory and in violation of ASUU members’ right to freedom of association, right to strike and collective bargaining.
. An order directing the Defendants and their agents to implement forthwith the terms of the Renegotiated 2009 Agreement and the 2020 Memorandum of Action in order to put an end to the strike action and desist from further violation of the rights of the Nigerian students to quality education.
. An order mandating the Defendants and their agents to immediately release and pay all the withheld and outstanding remunerations, salary, allowances and other emoluments both for the period and outside the period of the current strike action to all members of ASUU.
. An order of perpetual injunction restraining the Defendants and their agents from unlawfully reneging, rescinding and/or refusing to implement the Renegotiated FGN-ASUU 2009 Agreement and the 2020 Memorandum and and any other order the court may deem fit to make in the circumstances of this suit.
No date has been fixed for the hearing of the suit.
SERAP had earlier advised President Buhari to recover the N105.7 billion stolen public funds and utilize same in addition to specified percentages of the N3.6 billion feeding and travels allowances for the President and the N134 billion allocated to the National Assembly in the 2022 Budget to meet the legitimate demands by ASUU.
According to reports and available evidence, the FGN-ASUU initialled 2009 Agreement sought among others, the resolution of the following underlying issues: proper funding of public tertiary institutions to the tune of N1.3 trillion to be implemented across a period of 4 years between 2009 and 2013.”
