Court orders striking doctors back to work

Health

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.”

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.

“It is my firm belief that if the court does not intervene at this stage, there is no amount of money that can compensate 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 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.

The Nation

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