THE National Industrial Court, Abuja, on Wednesday struck out a suit instituted by a non-governmental organisation, Rights For Al International, against the federal government over a strike action embarked on by the Nigerian Association of Resident Doctors (NARD) for weeks last year.
The plaintiff had filed the suit in August 2021 to compel members of NARD to call off the strike which crippled tertiary health institutions at the time. Joined as co-defendants in the suit are NARD, its then National President, Dr Uyilawa Okhuaihesuya; the Nigerian Medical and Dental Association, and the Minister of Health. Other defendants were the Federal Ministry of Health, Minister of Labour and Productivity and the Attorney General of the Federation and Minister of Justice.
Justice John Targema, whom the case was initially assigned to, had in a ruling on August 18, 2021, rejected the NGO’s ex parte application to order the doctors to stop the strike.
The substantive matter was slated for hearing before His Lordship, the Honourable Justice Benedict Kanyip, the President of the NIC, on Wednesday but the applicant/claimant was however absent when the matter was called for hearing.
The first and second defendants’ counsel, Mr U.Y. Hassan-Dukku informed the court that he had filed a preliminary objection, memorandum of appearance and counter-affidavit which had been duly served.
He further stated that Order 38, Rule 3 (1) of the NICN Proceedings, 2017 be applied in the circumstance since the applicant was not in court and no good cause was given for the absence.
Mr Hassan-Dukku submitted that by the said provision, the matter should be struck out, given the fact that the defendants did not have counter-claim.
Mr D.E. Modozie, the seventh defendant’s counsel, on his part prayed that the applicant be given another opportunity, stating that the applicant counsel’s absence might be due to the ongoing fuel scarcity in the country.
The court in its ruling however said “the claimant is not in court, neither is its counsel and no reason is given for this action.
“The defendants also do not have counter-claim, I therefore agree with the first and second defendants’ counsel submission for the case to be struck out. The case is hereby struck out,” Justice Kanyip ruled.
The News Agency of Nigeria (NAN) had reported that the NGO, on August 19, 2021 through a motion ex-parte prayed the court to order NARD to direct its members who were on strike then to return to work.
The then vacation judge, Justice John Targema, after listening to the application, however, ruled that by Order 17, Rule 14 (5) of NICN proceedings 2017, the court can make or refuse to make the order sought, or may direct the motion to be made on notice to the parties affected.
The judge in addition ruled that the affected parties ought to be put on notice before a trial court could grant a restraining order. He therefore made an order inviting the defendants on grounds of fair hearing. The judge ordered that the motion be made on notice to the parties affected by the application.
He also directed that hearing notice be issued, served on the defendants and proof of service of the motion on notice and all originating processes on the defendants be filed in the case file
Justice Targema in addition ruled that a date would be fixed which would be determined by the President of the Court who will reassign the file and both parties would be notified accordingly.
The matter which came up before Mr Kanyip, the President of the Court , was however, struck as the NGO’s representatives and its lawyer, Mr Okere Kingdom, were absent from court and no reason was given for their absence.
