Symbolic statement

Editorial

 

A symbolic, if disputed statement was made recently by a self-acclaimed representative of Nigerian students to highlight frustrations embedded in the protracted strike by the Academic Staff Union of Universities (ASUU).

Law Students Association of Nigeria (LAWSAN) National President, Blessing Agbomhere, filed a suit at the Federal High Court, Abuja, challenging the nine-month-old industrial action by ASUU and seeking an order compelling its members to return to classrooms, as well as an order of perpetual injunction restraining them from further strikes. The litigant also asked the court to compel ASUU to pay N10billion in compensation to students for allegedly infringing on their right to education as guaranteed by Section 18 of the 1999 Constitution and Article 17 of African Charter on Human and Peoples Rights, as well as for psychological and emotional torture inflicted on them, not to mention loss of valuable time resulting from the drawn-out strike. With ASUU as 1st defendant, he joined ASUU National President Professor Biodun Ogunyemi, the Minister of Education, the Minister of Labour and Employment, the Attorney-General of the Federation and the Federal Government as 2nd to 6th defendants in the suit.

In his statement of claim, Agbomhere said he is a Nigerian citizen, final year law student of Baze University and current president of LAWSAN. He further averred that he had the mandate of the senate of the students’ body to institute the suit in representative capacity. Other reliefs he sought include an order directing the 3rd to 6th defendants to re-open varsities and honour their contractual agreements with the 1st and 2nd defendants in the overall interest of the plaintiff.

Landmark as that suit portended, it was disclaimed by some chapter presidents of LAWSAN who said Agbomhere received no mandate for it. In a joint statement, presidents of the students’ body in 12 universities said the litigant did not obtain the consent of their members to file the suit. They argued, inter alia, that there were better and more effective ways of handling the matter before considering litigation, adding: “It is trite that the right to education as well as rights that fall under Chapter II of the Constitution of the Federal Republic of  Nigeria (as amended) are non-justiciable and therefore renders the suit frivolous.”

No date has been fixed by the Federal High Court to hear Agbomhere’s suit over the ASUU strike that has been on since March 2, with leaders of the union locked in convoluted negotiations with government since then. But there were sufficient indications the suit wasn’t as representative of students as was purported by the plaintiff. Besides, there is the argument by students objecting to the suit that rights falling under Chapter II of the 1999 Constitution are non-justiciable. Still, it is remarkable that, perhaps for the first time, students are taking to legal recourse over industrial action by lecturers which hazards their wellbeing. Oftentimes when disputes are waged with government by lecturers, the tendency is to lose sight of the huge toll on students who are no party to the dispute. Even where lecturers say they are fighting in vicarious interest of students, there is indifference to whether those students survive the crude disruption of their academic pursuits to enjoy touted benefits of the battle.

Whatever may be its legal merits or otherwise, Agbomhere’s suit calls attention in a profound way to the most shortchanged victims of varsity closures resulting from ASUU’s battles with government. The government suits its fancies in striking deals with lecturers, and when the issues are resolved, the lecturers get paid for the months the strike lasted. Meanwhile, the time lost by students on their studies never get recovered. Interest blocs within the students’ population should borrow a leaf from Agbomhere’s approach. Even if the right to education is non-justiciable, there are damages to life, health and legitimate aspirations that can be litigated upon within justiciable ambits. This is a far better option than street protests that students seem more inclined to wage.