Senator Ita Enang
Former presidential adviser and APC stalwart, Senator Ita Enang, has urged the Federal Government to initiate contempt proceedings against the Academic Staff Union of Universities (ASUU) over its continued demand for payment of withheld salaries, despite a standing court order.
Speaking in Abuja on Wednesday, Enang argued that ASUU’s current strike action and associated demands blatantly disregard a 2023 court ruling which held that university staff are not entitled to wages during periods of industrial action.
ASUU had resumed strike on October 13 to press for outstanding demands from the federal government, including matters of university funding, autonomy, and improved staff welfare.
But Enang insists their approach is legally flawed.
“They are going on strike to compel the Federal Government to violate a valid court order,” he said.
He emphasized the principle that under Nigerian law, employees who withdraw their services are not entitled to be paid.
“If you want to strike, you must accept the legal reality that you forfeit your salary for that duration,” Enang explained. “In the US and UK, unions operate a strike fund to support their members during such times. That’s because they know workers aren’t entitled to salaries while striking.”
He advised the union to return to the classroom and pursue further negotiations in good faith, warning that the federal government equally bears responsibility to the students whose academic progress has been repeatedly disrupted.
“There’s a shared duty between the government and ASUU to protect the educational future of these students. They’re the ones paying the price.”
Enang pointed to a key portion of the 2023 judgment — specifically paragraph two — which, he said, reinforces the “no work, no pay” position under Nigerian labour law.
“One of the key declarations in that ruling was that periods spent on strike shouldn’t count as time worked,” he added.
He maintained that the Ministry of Education has addressed most of ASUU’s concerns, and questioned the union’s justification for a fresh strike.
“I wonder what exactly ASUU hopes to achieve now, since most of their issues have been substantially addressed,” he said, adding that their action amounts to open defiance of the court.
The former lawmaker also cited international labour standards, including those from the International Labour Organization (ILO), which align with the government’s stance against paying salaries during strikes.
Backing the government’s “no work, no pay” policy, he said: “Paying ASUU now would mean the Federal Government itself is in contempt of court, just like the union.”
Referring to Section 43 of the Trade Disputes Act, Enang stated, “The law clearly outlines what employers and employees can expect during strikes or lockouts. It’s not ambiguous.”
He also supported the Minister of Education’s recent directive that Vice-Chancellors should not process salaries for striking staff.
“But more than that,” Enang concluded, “the Minister should go a step further and take legal action against ASUU for contempt of court.”
(NAN)
