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Strike: NARD faults Court ruling, goes on appeal

NARD, Doctors

The leadership of the Nigerian Association of Resident Doctors (NARD) has faulted the ruling of the National Industrial Court (NIC) directing its members to return to work.

The association also said it has instructed its lawyers to appeal the ruling and file an application for stay of execution.

The Daily Times recalls that the National Industrial Court, on Friday, ordered the resident doctors to suspend their strike action which began on August 2 and go back to work immediately, pending the determination of the substantive suit.

All parties were also asked to return to the negotiating table.

Justice Bashar Alkali made the order on Friday while ruling on an application by the Federal Government.

The court held that there is no amount of money that will compensate for the loss of lives in the circumstances.

Counsel to the Federal Government, Mr. Tochukwu Maduka, had moved his motion for interlocutory injunction and prayed the court for an order restraining the defendant from continuing with the industrial action pending the hearing and determination of the substantive suit.

He argued that the resident doctors are persons who provide essential services and cannot embark on strike as continuing to do so will wreak hardship on citizens.

Counsel to the resident doctors, Femi Aborishade, vehemently opposed the application for interlocutory injunction and urged the court to discountenance their application.

He argued that the life of a medical doctor is not less useful than the life of an average human being.

He further pointed out that justice must be balanced, not just to the government, but also to the doctors who are the field marshals in the face of the ongoing COVID-19 pandemic.

Reacting to the ruling by the National Industrial Court (NIC) directing its members to return to work, NARD in a communique jointly signed by its president, Dr. Uyilawa Okhuaihesuyi, and secretary-general, Dr. Jerry Isogun, on Friday, accused the court of denying the doctors fair hearing by refusing to hear their objection, before taking the government’s application for interlocutory injunction, adding that it has begun the process to appeal the ruling.

“As we are all aware, especially those that were present in court today (Friday), 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.”

In demonstration of its displeasure with the decision of the court, NARD instructed its lawyers to file necessary processes, rather than ask members to return to their duty posts.

It also asked the doctors to remain calm and resolute, saying “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,” the union told its members.

It stated that the court had reserved ruling on which application it would take first on Wednesday, and its lawyers argued that the court ought to hear and determine the Notice of Preliminary Objection (NPO) filed by the doctors to challenge the jurisdiction of the court before taking the application for an interlocutory injunction or any other application.

The union added that the court adjourned ruling on the argument on the matter until Friday, after which it ruled that it would take the government’s application for interlocutory injunction first while its 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.

“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,” the statement said.

NARD accused the court of denial of a fair hearing by refusing to hear and determine its NPO before taking the government’s application for interlocutory injunction.

The NARD president, Dr. Okhuaihesuyi during a telephone conversation on Friday evening, said until the association’s appeal is heard, the union would continue with the strike.

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Ihesiulo Grace

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