In response to the protracted Academic Staff Union of Universities strike, the Socio-Economic Rights and Accountability Project (SERAP) and five college students have launched a lawsuit against President Muhammadu Buhari.
The Federal Government’s reluctance to meet ASUU’s requests, which led to the protracted strike action and infringed the students’ right to a high-quality education, is being called unconstitutional, according to SERAP and the students.
Chris Ngige, the minister of labour, employment, and productivity, and Abubakar Malami, SAN, the attorney general of the federation and minister of justice, are named as defendants in the lawsuit.
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The suit followed the apparent lack of commitment by the Federal Government to implement the agreements with ASUU, 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 marginalising economically disadvantaged parents and students.
The suit filed on behalf of SERAP and the students by their lawyer, Tayo Oyetibo, SAN, read in part;
The Federal Government has failed to respect, protect, promote and fulfill the right to quality education, and the right to freedom of association through the principle of collective bargaining.
Although Nigeria has ratified several human rights treaties, which guarantee the right to quality education of Nigerian students, the Federal Government has, over the years, refused to meet the demands by ASUU and to address the poor environment in the country’s universities.
The students, who are co-claimants in the suit, are Dongo Davou; Oyebode Babafemi; Ejie Kemkanma; Peter Aniefiok; and Imam Naziru. They are students of Plateau State University, Obafemi Awolowo University, University of Port Harcourt, University of Uyo, and the University of Ibadan, respectively.
The failure to implement the agreements with ASUU is also a fundamental breach of the right to education without discrimination or exclusion, as strike actions continue to penalize economically disadvantaged parents who have no means or capacity to send their children to private schools.
The Federal Government has breached the explicit right to equal access to higher education of Nigerian children and young people, as provided for by article 13(2)(c) of the International Covenant on Economic, Social and Cultural Rights.
No date has been fixed for the hearing of the suit.
