A National Industrial Court sitting in Enugu, on Thursday, refused to vacate an earlier injunction it granted against the Academic Staff Union of Polytechnics, ASUP, Institute of Management and Technology, IMT, Enugu, chapter.
The court presided over by Justice A. Ibrahim refused to hear the counsel to the ASUP, on the grounds that he was not proper before the court.
Counsel to the Institute of Management and Technology, Chioma Egbuniwe had objected to the appearance of the ASUP counsel, arguing that apart from filling their processes out of time, the defendants were also yet to file their memorandum of appearance.
Her objection followed an attempt by the counsel to the ASUP, E.W. Orji to pray the court to vacate the existing injunction, on the grounds that the union had suffered much injustice as a result of the ex-parte injunction.
However, Egwuniwe told the court that it would be foul of the relevant laws to hear any prayer from the defendant even when they were yet to regularize their processes before the court.
The court had earlier granted an “order for interim injunction restraining the defendants and members of the 4th defendant (ASUP), their agents, servants, privies, no matter how so constituted or persons acting for and on their behalf from convening and or holding the meeting of the 4th defendant or any union meeting whatsoever during the office hours of the claimant between 8 am and 4 pm Mondays to Fridays pending the hearing of the motion on notice filed in this suit.
“An order of interim injunction restraining the defendants and members of the 4th defendant form organizing and carrying protests, demonstrations, strikes, lock-out aimed at paralyzing academic and other activities of the claimant in respect of the claimant/applicant’s complaint (the claimant’s refusal that the respondent should hold union meeting during office hour and for the claimant suspension of the 1st and 3rd respondents) pending the hearing of the motion on notice”
The Judge agreed with the claimant’s counsel and adjourned the matter to October 31, 2013, to enable both parties file and respond to processes.
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