The Lagos Division of the National Industrial Court on Monday gave an order restraining the Federal Government and his agents from sacking about 16,000 suspended resident doctors.
The order was issued by the president of the National Industrial Court (NIC), Justice Babatunde Adejumo, despite the suspension of the industrial action by the NMA on Sunday.
Justice Adejumo, who granted the order while ruling on a motion on notice filed by the registered trustee of the NMA, specifically restrained the federal government and all the chief medical directors of the 37 federal medical institutions across the country from sacking the doctors.
The judge also ordered that the status quo ante be maintained pending the hearing and determination of the suit filed by the resident doctors.
But the court declined to make any pronouncement on the issue of suspension of the training programmes for resident doctors, holding instead that the claimant (NMA) should put all the respondents on notice.
Justice Adejumo held: “I have gone through the Motion Exparte, the affidavit in support as well as the written address in respected of prayer one (suspension of training programme); it is my belief that it will be better addressed when parties joined issues on the issues raised in the Motion on Notice.
“On the second prayer (termination of appointment), it is the order of the court that since there is yet to be proof that the order has been carried out, the 3rd to 39th respondents (Chief Medical Directors) are hereby restrained either by themselves, agents, privies or any other person from serving member of the Registered Trustee of the Nigeria Medical Association with any letter of termination if same had not been served on them before today (August 25, 2014).”
Respondents in the suit are: the attorney general of the federation, the minister of health and 37 chief medical directors of University Teaching hospitals and Federal Medical centres across the country.
The doctors had, in a Motion on Notice dated August 18, 2014, filed by their lawyer, Yusuf Ali, SAN, sought an order restraining the respondents or their privies from executing or giving effect to the directive contained in the letter of August 13, 2014, suspending the residency training programme for doctors pending the hearing and determination of the suit.
They had also urged the court for an interim injunction restraining the respondents, especially the chief medical directors of Teaching hospitals across the country from issuing letters of termination of residency training appointment to resident doctors.
In a 19-paragraph affidavit of urgency deposed to by one Dr Adewunmi Alayaki, he stated that, over 10 years ago, the claimant (NMA) has had several face-offs with the federal government over government’s failure to develop health-care delivery system in line with global yearnings, poor work package and environments of medical practitioners in the country.
The claimant further stated that he was surprised to see a letter dated August 13, 2014, purportedly suspending the residency programmes for doctors, adding that a prototype letter of termination of employment of resident doctors was further forced on the 3rd to 39 respondents (chief medical directors).
He also claimed that the said letter was issued without the approval of the National Assembly and consultations with statutory bodies established to manage the residency programme.
The claimant stressed that if the respondents were not retained, it would affect and cause fundamental damages to the health-care industry.
The suit has been adjourned till September 17 for hearing of the Motion on Notice.
