The National Industrial Court in Abuja on Friday ordered the striking members of the National Association of Resident Doctors (NARD) to suspend their action “with immediate effect.” But NARD said it would appeal the ruling, claiming that the doctors’ union was denied fair hearing.
Justice Bashar Alkali, in a ruling, held that the applicants were “able to show that unless this application is granted, so many Nigerians will lose their lives most especially as the country is experiencing an upsurge in this third wave of COVID-19 with increasing fatality arising from the absence of the defendants from hospitals.
According to Justice Alkali: “It is my firm belief that if the court does not intervene at this stage, there is no amount of money that can compensate for the lives of Nigerians who would lose their lives if the members of the defendants continue with their strike.”
He added that since parties were before the court, they ought to have suspended all hostilities and allow the court to determine the issues brought before it.
Justice Alkali said: “I find the application meritorious and I resolve the lone issue for determination in favour of the claimant applicant.
“I grant all the prayers as contained in the face of the motion paper and in effect, I hereby grant an order of interlocutory injunction that members of the defendant respondent in all the states of the federation are hereby restrained from continuing with the industrial action embarked on since on the second day of August 2021 pending the determination of the substantive suit.
“Also, I hereby order all members of the defendants/respondents in all the states of the federation to suspend the said industrial action commenced on the second day of August 2021 with immediate effect and to resume work immediately pending the determination of the substantive suit.”
The judge said since the court’s vacation would soon be over, he would return the case file to the court’s President for re-assignment for hearing during the regular court session.
The ruling was on the application for interlocutory injunctions filed by the claimants – the Federal Ministry of Health and Federal Government of Nigeria.
Earlier on Friday, claimants’ lawyer, Tochukwu Maduka, while moving the application, urged the court to issue an order directing the defendant -NARD – to suspend the strike pending the hearing and determination of the substantive suit.
Lawyer to NARD, Robinson Ariyo, contended that the application by the claimants was an infringement on his client’s members’ right to life, particularly under the COVID-19 conditions.
Ariyo argued that NARD members are persons entitled to emergency rights under the COVID-19 protection regulations and other related best practices as it relates to their mental and physical health
Reacting to the ruling in a statement the President of NARD, Dr Uyilawa Okhuaihesuyi, said the resident doctors have been denied fair hearing which is their fundamental right; hence they are not satisfied with the court ruling.
“As we are all aware, especially those that were present in court today, the NIC has given a ruling on the application for interlocutory injunction filed by the Federal Government. We are not satisfied with the ruling.
“After consultations with our lawyers, we have instructed our lawyers to appeal the ruling and file an application for stay of execution.
“On 15/9/2021, the court reserved ruling on which application the court would take first. Our lawyers had argued in the Court on 15/9/2021 that the Court ought to hear and determine our Notice of Preliminary Objection challenging the jurisdiction of the Court before taking the application for interlocutory injunction or any other application.
“The court adjourned ruling on the argument on that issue to today. Today, the Court ruled that it would take the government’s application for interlocutory injunction first and our NPO would be taken and determined along with the substantive suit.
“Also, our lawyers drew the attention of the Court to our application for stay of execution of the ex parte order and that the court should take that Application first. The Court insisted that the Government Application would be taken first,” he said.
He added: “On 15/9/21, the court ordered all parties to resume negotiations. The government refused to resume negotiations in line with the order of 23/8/21. Our lawyers reported this development to the court. We have demonstrated good faith and would continue to do so.
“By the refusal of the court to hear and determine our Notice of Preliminary Objection before taking the government’s application for interlocutory injunction, we believe we have been denied fair hearing which is a fundamental right.
“In the circumstances, we have instructed our lawyers to file necessary processes.
“We urge all members to remain calm and resolute. Everything depends on our firm resolve. We are committed to protecting your rights within the confines of the law. We believe justice shall be ours ultimately.”
