IF ASUU MEMBERS ARE UNITED AND THE LEADERS ARE READY TO MAKE SACRIFICES, ASUU WILL NOT BE DEFEATED IN THIS STRUGGLE BECAUSE IF YOU EAT THE SEED YAM, THERE WILL BE NO HARVEST TOMORROW: A CALL FOR CALM BY AN OBSCURE TEACHER FROM ALEX-EKWUEME FEDERAL UNIVERSITY IKWO, EBONYI STATE.
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1. The decision of the Court of Appeal ordering ASUU to resume work as a condition for it's Appeal from the National Industrial Court to be heard has understandably angered and demoralized members. But the last has not been heard about the dispute. Under the present circumstances, the safest thing to do is to assume a worst case scenario. Doing so is a kind of "safety net" to prepare for the worst though it may ultimately not get to that point. This is in keeping with the age-old motto of the International Boys Scout movement: "Be prepared".

2: For a start, no lawyer in Nigeria WILL OPENLY ask ASUU to disobey court order. No lawyer will do that. But the final decision as to whether to obey any particular order for a group like ASUU is whether it is even possible to obey such order. IF A COURT MAKES AN ORDER THAT IS IMPOSSIBLE TO BE OBEYED THEN THE DOCTRINE OF IMPOSSIBILITY IS AUTOMATICALLY ACTIVATED. All concerned should note that the Court of Appeal in making the order stated that it must be carried out without fail on Friday 7th October, 2022 as the ONLY condition to entertain ASUU's Appeal! The logical implication is that as the strike was not called off on 7/10/22, the order has not been obeyed! In law, even if the strike is called off on Saturday 8/10/22 or any time subsequently, it cannot be regarded as compliance to the order of the court because in law, a court order must be carried out in specific terms! And the court knows that even if ASUU wished to obey the order it made, it cannot at that time of the day automatically reach its branches to convene their branch congresses etc to get concurrence to call off the strike. This is so because if the leaders of ASUU decide to call off the strike unilaterally, that in itself will be illegal because it will be against the constitution and terms of engagement of ASUU. And you are not allowed to commit illegality while discharging/carrying out a legal order! So the egg heads of the Court of Appeal knew what they were doing! And they know that their order is impossible to carry out at the time of the day it was made and on a Friday!

3: As a preliminary teaser on the doctrine of impossibility, let me take colleagues back in time, to the characters in William Shakespeare's play, *The Merchant of Venice*, which dealt with a sensitive and touchy issue of indebtedness to a Jew named Shylock who, against all entreaties, insisted on exacting the terms of the loan agreement from the debtor by cutting a pound of flesh from him. In handling the critical situation, the judge in that play named Portia agreed that Shylock should cut his pound of flesh from the debtor as stipulated in their terms of agreement. However, the judge also directed that in cutting his pound of flesh, Shylock must ensure that there is no single drop of blood whatsoever because shedding blood was not part of the terms of the loan agreement! That way, Shylock could not proceed to collect his debt because he could not cut a pound of flesh without a drop of blood! That way, the erudite judge tacitly invoked the doctrine of impossibility to solve a legal problem by frustrating the scheme of a wicked creditor. That is where literature meets law! Does anyone find any resonance with the order of the Honourable Court of Appeal that ASUU must call off the strike on Friday 7/10/2022 as the condition for it's Appeal to be heard? By that order, the court gave each side what they wanted which in substance translates to giving them nothing! And that is partly why the ASUU/FG dispute cannot be solved by the court.

4: Now, we return to the matter on hand. And the question then arises as to what will happen if ASUU, for instance, does not obey the court order for any reason? The answer to that question is part of the worst case scenario. In attempting to answer the above question, we should all bear in mind that as one has repeatedly stated previously, the FG/ASUU dispute is not a court issue and it's resolution will not come from any court.

5: Having stated as above, while waiting for a political solution to the dispute (which is the only effective one), the main option open to ASUU is to file an interlocutory Appeal to this latest decision of the Court of Appeal to the Supreme Court. In doing so, it does not mean that ASUU or it's members can be certain or even confident of getting a favourable decision from the Supreme Court, though anything can happen. It only means that ASUU can use it to buy a little time while the heat is sustained and stakeholders continue to engage the FG.

6: The next question is: what happens if the Supreme Court rules against ASUU? The answer is: nothing! But it will then mean that the dispute has got to a crunch. At that stage, ASUU will be accused of contempt of court if it refuses to resume work. And if that happens, the question will arise as to "who is ASUU?".

7: Ordinarily, under the law, an Association just like a company is different from the individual members of the union meaning that ASUU leaders and members can ordinarily hide under the veil as an abstract entity to evade criminal or quasi-criminal liability such as the charge of contempt of court. However, the lawyers to the FG are aware of that escape route and therefore they took steps to block it by couching their prayers to cover ASUU, it's agents or privies etc. This means that the corporate or associational veil covering ASUU leaders must be removed to get at the individual leaders of ASUU. (These are issues of law). Since it will be practically impossible to cite all ASUU members for contempt of court, the likely thing the government may do is to go after the leadership of ASUU for contempt of court! At that stage, we would have got to the final, final crunch! But again, that will not be the end of the matter.

8: The next thing in the chain of worst case scenario (if it actually gets there) is that ASUU leaders may be committed to prison in the very last desperate effort of the FG to break their resolve and vanquish the union. In addition, the FG may also embark on a second prong of intimidation of individual ASUU members by threatening to sack them etc etc.

9: It is at that stage that the principled and patriotic resolve of ASUU leaders and members will be tested to the zenith. One can easily and putatively imagine how happy Dr Chris Ngige and other agents of government will be to see the ASUU President, Prof Osodeke, for instance, in prison! But that will then be the beginning of the end of the struggle and the sight of victory for ASUU if the leaders and members can hold firm, make the necessary sacrifices (including of their liberty if need be) in order to win. At that stage, both the hunger weapon and the threat or reality of sack will make members sorely afraid. However, if they hold firm, they shall win.

10: Now, what will be the effect of the extremity of sending ASUU leaders etc to prison? The effect will be huge both domestically and internationally. The reaction of Nigerians (even in their traditional timidity which successive governments in Nigeria have capitalized on), will be huge and terribly unpleasant going by the the Endsars consciousness and awakening. And all that will be happening in the twilight of a general election!

11: Among other things, the ASUU President and other leaders who may be imprisoned will enter the labour pantheon of immortality as prisoners of conscience. It may not actually get to that point. However, ASUU leaders and members must resolve and get prepared for the worst if ASUU is to emerge victorious in this struggle.

12: Finally, in case anybody is nursing any thoughts about calling off the strike without the government addressing the issues that led ASUU to embark on the strike, the reality is that such thought should be perished because it is simply not an option. If ASUU calls off the strike at this point, both the Union and the members are finished, as in "FINISHED" in capital letters meaning completely and comprehensively finished! In truth, if the strike is called off now, nobody should ever talk or think of increased salary or improvement of the working conditions of lecturers. In fact, the government, now or in future, can even slash the salary of lecturers as a cost-cutting measure since government says it has no money. Other and more terrible indignities will also follow and ASUU will have no voice and no muscle to protest against such measures. Therefore, it would have been better if ASUU didn't embark on strike at all than to contemplate calling it off under the present circumstances!

13: As a last line, let me reiterate that ASUU will surely win the battle if the leaders and members remain united and resolute. ***The budgetary provision for tertiary education in the 2023 budget just presented by the President has been in the works for many months now. So it cannot be regarded as a reason to call off the strike because it has not addressed the main issues that led to the strike. At best, ASUU can note the budget presentation but forge ahead with the struggle.
#To expect university teachers to resume work in empty stomach and ultimately forfeit their 8 months salary is the very definition of wickedness and irrationality.
And so dear friends, courage is the word. People have gone to prison in the past in pursuit of worthy causes. *** Our generation cannot be betrayers of the heritage of wisdom, principle and patriotism bequeathed to us by those who have gone before us. If anyone eats the seed yam because they are hungry, they will have no yam to eat tomorrow because having planted nothing, they will have nothing to harvest!

RIP to ASUU

government will simply order VCs to reopen schools and urge CONUA to teach. That’s when you’ll see many of your junior lecturers abandoning the struggle and appearing in classrooms so as to receive salary for December and christmas celebrations.

10 million naira fine declared by Court on each ASUU NEC member for court contempt, to be deducted from their future salaries is not a bad move at all.

I stand with CONUA the hope of Nigerian students.

Death to any union that is sitting on the destiny of innocent Nigerian youths.

jjuanmiguel come and see the advise of an ASUU member
enemy of state

ASUU is losing public sympathy

they are fast becoming a lawless and rogue union

igonoh you should be arrested for urging ASUU to disobey court of appeal as well as industrial court.

you must be happy hiding your face as well as identity

you ask ASUU to be paid 8 months salary of work not done. since you are old enough to be an employer of labour in private business, do you pay your staff for not coming to work for one full month ? not to mention missing work for 8 months and they’re agitating for pay?

no work no pay is enshrined in our constitution, government is just activating that clause. how can you go on strike for 10 months two years ago, and 8 months this year?


if FG broke their agreements with you, why didn’t you sue them to Court, instead of involving the innocent children in your mindless agitation ?


as you insist you must be paid for work not done in strike, who will pay students for 8 months house rent that is not wasted ? some of them can no longer go for NYSC as they’ve passed 30 years maximum age for NYSC due to your unlimited strike, who will compensate them too? what of 8 months of their life ? who will compensate them for depression and mental stagnancy?

what of small business owners around campuses that your strike affected severely ? photocopiers, typists, transport unions, food sellers? students rent ? and these people are affected yet only you will be compensated for what?

do you pay your workers who do not work ? no work no pay is in our constitution you should be applauding government for following the constitution.

other governments paid striking unions in the past, from a humanistic and generous point of view.

The ideal thing is any union has the right to go on strike, but the union must carter for their teeming members during the period of strike. that is why union must collect dues in storage as sort of insurance to use and provide for, and sustain members during strike because there will be no salary.

but you, you strike without welfare of your members and expect to be paid by Govt after going on 8 months useless strike.

government is mandated to pay for vacation and holiday, not industrial strike. It is not your right! any court will tell you this.

What a brilliant piece?! I just learnt a few new words.

Just as the writer boldly stated, if ASUU dare call off the strike at this time, they are FINISHED.

naijainstinct:
What a brilliant piece?! I just learnt a few new words.

Just as the writer boldly stated, if ASUU dare call off the strike at this time, they are FINISHED.

the writer is a rogue lecturer. i’m sure when ASUU dares the courts and calls their bluff, his absentee-ism from lecture halls will be used as grounds to dismiss him from civil service because FG will urge VCs to open universities for lectures.


Attendance will be kept

Ebubu:

the writer is a rogue lecturer. i’m sure when ASUU dares the courts and calls their bluff, his absentee-ism from lecture halls will be used as grounds to dismiss him from civil service because FG will urge VCs to open universities for lectures.


Attendance will be kept

I think all these plus more has already been envisaged by the writer.

Listen to yourself talk,ASUU is fighting for education in Nigeria,you are mocking them.When you pay tution fee of 1,000,000 is only then,your eyes will clear.Continue mocking them.Let CONUA teach,after all the school is open and the CONUA is not on strike.Whay stops them from teaching

Ebubu:
RIP to ASUU

government will simply order VCs to reopen schools and urge CONUA to teach. That’s when you’ll see many of your junior lecturers abandoning the struggle and appearing in classrooms so as to receive salary for December and christmas celebrations.

N10 million fine declared by Court on each ASUU NEC member for court contempt, to be deducted from their future salaries is not a bad move at all.

I stand with CONUA the hope of Nigeria universities

Death to any union that is sitting on destiny of nigerian youths

Yeye union. No resume come collect salary. In fact ASUU need to be proscribed. Theiy continued existence is inimical to interest of students.

Jannyfranc:
Listen to yourself talk,ASUU is fighting for education in Nigeria,you are mocking them.When you pay tution fee of 1,000,000 is only then,your eyes will clear.Continue mocking them.Let CONUA teach,after all the school is open and the CONUA is not on strike.Whay stops them from teaching

The ovation will be loudest when ASUU is proscribed. No lawless union will be bigger than the Government and nation.

naijainstinct:
I think all these plus more has already been envisaged by the writer.

The ovation will be loudest when ASUU is proscribed. No lawless union will be bigger than the Government and nation.

This is a very moronic submission. Students have been at home for more than 7 months! If they born dem well, make them no go back to class...

This is part of the problem.
This moronic lecturer doesn't even understand what's going on by saying appeal court said ASUU must call off the strike specifically on Friday whereas they were told to do so giving a 7 day window period in which their appeal must be submitted at the same time.

This erudite slowpoke will come out tomorrow and tell us he has been engaging in research work.
This crap up there just shows he hasn't only been watching too many Robinhood and Sherlock Holmes movies but he's also living in illusion due to hunger and empty stomach i assume

Jannyfranc:
Listen to yourself talk,ASUU is fighting for education in Nigeria,you are mocking them.When you pay tution fee of 1,000,000 is only then,your eyes will clear.Continue mocking them.Let CONUA teach,after all the school is open and the CONUA is not on strike.Whay stops them from teaching

Rest
Strike is not a method of fighting. If it is, what does ASUU have to show after 8 months?
Nigerians will fight for education when they are ready by voting good leaders, ASUU should stop absconding from work because on record they are also part of the problem, 9 months in 2020, 8 months in 2022, what exactly is their aim?

Having read through this piece, I want to bear my mind on the strike as an academic too. Let me say that in the court of public opinion, the strike has lost its popularity and even among members there are those who can no more sustain it ( do your survey). Hence, further pushing the strike will have a lot of consequences. But the issue is, let's ASUU weighs the consequences of calling off the strike with that of not calling off the strike which one outweighs the other. For me , not calling off the strike has more negative consequences than calling off the strike. For instance, appealing to the Supreme court is a sheer waste of time and resources, contempt of Court can led to the disbandment of the Union, imprisonment of the leaders and even sacking of the lecturers, and students and parents might even protest against the union. whereas, what lecturers loss in the interim is their salaries and perhaps time wasted if the strike is called off. At this juncture, the wisest thing to do is to call off the strike conditionally, a caveat that in line with courts order, the union thought it wise to suspend the strike but if Fg fail to meet its demand within limited time of say one or two months the Union will have no option but to continue with the strike action. That done, every stakeholder is put on their toes knowing that the school is only open for the time being; particularly students who make not be comfortable with this arrangement. That done, ASUU is sure that in that two months, members salaries are paid, and there is re- inforcement. Too, call off the strike and lecturers resume but don't teach on the condition that they cannot teach empty stomach since their salaries are not paid. Yes, Students will complain to HoD, Deans, VCs. They are all lecturers and cannot force their colleagues to classes. Govt will have the feedback. At this point students will mount pressure on government to pay lecturers as they can't work without pay. ASUU need to change strategy. The late sage, Obafemi Awolowo told Gowon, you can not win this civil war with military might cut off their food and weapon supplies and that is how the war ended. This is my advice though, I wish ASUU hid this.

ASUU stop reasoning like Ipob and call off the damn strike! Una mumu no too much?

Fbboyo:
ASUU stop reasoning like Ipob and call off the damn strike! Una mumu no too much?

ASUU reasoning like Ipob

Jannyfranc:
Listen to yourself talk,ASUU is fighting for education in Nigeria,you are mocking them.When you pay tution fee of 1,000,000 is only then,your eyes will clear.Continue mocking them.Let CONUA teach,after all the school is open and the CONUA is not on strike.Whay stops them from teaching

So Nigerians should clap for them for always going on annual paid vacation
They have so brainwashed people like you into believing that they are fighting for students
This hoax of school fees will increase to the tune of 1 million naira is super story
The masses now know better
CONUA has come to stay...if e dey pain you go hug transformer

Graceunlimitedd:
ASUU reasoning like Ipob

Aswear bro

Op is pushing ASUU members to the street to start asking when next Dangote is recruiting drivers�

Ebubu:
RIP to ASUU

government will simply order VCs to reopen schools and urge CONUA to teach. That’s when you’ll see many of your junior lecturers abandoning the struggle and appearing in classrooms so as to receive salary for December and christmas celebrations.

10 million naira fine declared by Court on each ASUU NEC member for [b]court contempt, to be deducted from their future salaries is not a bad move at all[/b].

I stand with CONUA the hope of Nigerian students.

Death to any union that is sitting on the destiny of innocent Nigerian youths.

Are you serious?

E be like say Osodeke don jam?