The National Industrial Court of Nigeria (NICN) on Monday denied the Federal Government’s application for an injunction stopping resident doctors to continue the ongoing strike.
The court also ordered the Federal Government and the National Association of Resident Doctors (NARD) to put an end to all forms of hostilities pending the determination of the suit.
Justice John Targema at the court sitting in Abuja ruled on a motion ex-parte by the Federal Ministry of Health and the Federal Government of Nigeria.
He said, “After reading the motion ex-parte and affidavit in support sworn to by Ahmed Nasiru of the Federal Ministry of Health, Abuja; and after hearing D. E. Kaswe Esq, for the applicant, who moved in terms of the motion papers, it is hereby ordered that the claimant/applicant and the defendant/respondent suspend all forms of hostilities forthwith pending the hearing and determination of the motion an notice.
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“This matter is accordingly adjourned to 15th September 2021 for hearing of the motion on notice and/ or any other pending application.
“Hearing notice and the originating processes be issued and served on the defendant/respondent. Proof of service of same be filed in the case file before the next adjourned date.”
The claimants, in the suit numbered NICN/ABJ/197/2021, had prayed the court, in their motion ex-parte filed on August 18, to order the doctors to end their strike and resume work.
They sought an order of interlocutory injunction restraining NARD members from continuing with the industrial action, which started on August 2, contrary to Section 41 of the Trade Dispute Act, pending the termination of the substantive suit.
The applicants prayed an order of interlocutory injunction compelling the doctors in all states of the federation to suspend the strike and resume work immediately pending the determination of the substantive suit.