The National Industrial Court, Abuja, on Thursday struck out
a suit filed by the Federal Government against the Nigerian Association of
Resident Doctors (NARD).
Joined as a co-claimant in the suit is the Federal Ministry
of Health.
The suit challenging NARD for embarking on industrial action
from June to Sept. 2021 was slated for a hearing in Thursday’s proceeding.
However, when the case was called, neither the claimants nor
their legal representatives were in court.
The defendant counsel, Bright Egualeona on his part informed
the court that they had filed a notice of preliminary objection dated Aug. 25,
2021 and filed Aug. 31, 2021.
He further stated that the preliminary objection was in
response to the claimants’ originating process and that they had not filed any
process in reply to the preliminary objection.
The counsel in addition, therefore, urged the court to
strike out the suit for lack of diligent prosecution on the part of the
claimants.
The judge, Justice Benedict Kanyip after listening to the
submission of the counsel said “Given the absence of the claimants for the
second time and the defendant does not have a counterclaim, this suit is hereby
struck out”.
The News Agency of Nigeria (NAN) reports that on the last
adjourned date of Feb. 16, the matter could not proceed due to the absence of
parties and their legal representatives in court.
The judge had therefore stated, “the matter is slated for
hearing and neither are parties nor their representatives are in court despite
being served hearing notice.
”Given the importance of this matter, the court is giving
the parties another opportunity.”
The matter was adjourned until Thursday and was subsequently
struck out when the claimants were still absent.
The suit was instituted by the claimants by way of exparte
motion and motion on notice on Aug. 23, 2021, seeking an interlocutory
injunction compelling the striking doctors to suspend the strike it embarked on
Aug. 2, 2021.
The claimants’ application also sought an order of
interlocutory injunction restraining members of the respondent in all States of
the Federation from further continuing with the industrial action embarked on
Aug. 2, 2021.
Recall that the resident doctors had on Aug. 1, 2021, begun
the strike over irregular payment of salaries, among other issues.
Efforts by the House of Representatives to mediate between
the federal government and NARD ended in a deadlock.
The federal government then instituted a suit against the
association, asking the court for an order of interlocutory injunction
restraining members of NARD from continuing with the action.
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