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Doctors Obtain Restraining Order, Stopping Government From Terminating Appointments

Doctors yesterday obtained a restraining order which stops the government from terminating their appointments.


Justice Babatunde Adejumo, who is the president of the National Industrial Court (NIC) issued the order despite the suspension of the strike by the NMA, Sunday. Justice Babatunde granted the order while ruling on a motion on notice which was filed by the registered trustee of the NMA. The order restrains the federal government and all the chief medical directors of the 37  federal medical institutions across the country from sacking the doctors and also maintains the status quo ante, 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 NMA should put all the respondents on notice.
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 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.
The chief medical directors joined in the suit are those of Aminu Kanu Teaching Hospital, Jos University Teaching Hospital, Lagos State Teaching Hospital, Nnamdi Azikiwe Teaching Hospital, Obafemi Awolowo Teaching Hospital, and University College Hospital, Ibadan.
Also included are: University of Benin Teaching Hospital, Calabar Teaching Hospital, University of Ilorin Teaching Hospital, University of Maiduguri Teaching Hospital, University of Port Harcourt Teaching Hospital, University of Uyo Teaching Hospital, Usman Danfodio Teaching Hospital, University of Abuja Teaching Hospital, and the University of Nigeria Teaching Hospital.
Others are the medical directors of Federal Medical centres in Asaba, Azare, Bida, Birnin-Kebbi, Birnin Kudu, Gombe, Keffi, Gusau, Ido-Ekiti, Katsina, Lokoja, Makurdi, Owerri, Owo, Umuahia, Yenagoa, Yola and Ebute Metta.

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