The lawsuit between the Federal Government and the Academic Staff Union of Universities (ASUU) has been postponed until Friday by the National Industrial Court.
On Monday, the government asked a court to force the ASUU to end its seven-month strike.
The Minister of Education has also filed suit, and the President of ASUU is the only named defendant.
The Minister of Labor and Employment, Senator Chris Ngige, on behalf of the federal government, sent a case before Justice Polycarp Hamman in which they ask, among other things, that ASUU resume academic activities.
Mr. Ebunolu Adegoruwa, SAN, speaking on behalf of Socio-Economic Rights and Accountability Project (SERAP), told the court that he had previously filed a lawsuit in the same court about the same issues.
He also confirmed that SERAP is the plaintiff and the U.S. government is the defendant in lawsuit NICN/ABJ/269/2022.
This being the case, he moved for the existing suit to be consolidated and for SERAP to be added to the suit as a defendant.
In response, Mr. T.A. Gazali, SAN, counsel for the claimant, argued that the application was premature and that SERAP didn't need to make an oral request to be joined in an action in which it wasn't already named a party.
In his answer, ASUU's attorney, Mr. Femi Falana, SAN, told the court that both attorneys had notified him on Monday that they would be filing documents.
In addition, Falana requested a delay in the case so that both attorneys could file their briefs and he could react to the claimant's process at a later time.
In response, Adegoruwa said the defendant had not refuted SERAP's complaint having been filed against them and served.
On his end, Gazali has notified the court that he would be filing a procedure on Monday, and Falana has informed them that he will need three days to file a response.
After making his decision, the judge set Friday as the new date for further discussion.
Before the new date, he also ordered the defendant and the defendant's counsel to submit and serve their responses to the claimant's proceedings.
Furthermore, Hamman decided that SERAP's motion to be joined in the litigation was untimely.
According to the News Agency of Nigeria (NAN), the claimant has launched a lawsuit in an effort to settle the disagreement as quickly as possible.
In addition, the claimant asks the court in the instrument of referral to "Inquire into the legality or otherwise of the continuing extended strike by ASUU leadership and members which had persisted even after apprehension by the Minister of Labour and Employment."
"Interpret in its totality the terms of Section 18, LFN 2004 notably as it pertains to cessation of strike once a trade dispute is perceived by the Minister of Labour and Employment and conciliation is on-going."
Since the parties' numerous attempts to resolve the strike via negotiations had failed, the case was brought before a court.