Reacting to the ruling of the National Industrial Court on Friday, which ordered resident doctors to resume work, the National Association of Resident Doctors (NARD) said its members will continue with the ongoing strike as it plans to appeal the court judgment.
President of NARD, Dr. Uyilawa Okhuaihesuyi, said: “The NIC has given a ruling on the application for interlocutory injunction filed by the federal government. We are not satisfied with the Ruling.”
The president, in a statement on Friday added, “After consultations with our lawyers, we have instructed our lawyers to appeal the Ruling and file application for stay of execution.”
He accused the court of reserving ruling on which application it would take first, noting that their lawyers had argued in the court on 15/9/2021 that the court ought to hear and determine the Association’s Notice of Preliminary Objection challenging the jurisdiction of the court before taking the application for Interlocutory injunction or any other application.
“The court adjourned ruling on
the argument on that issue to today. Today, the Court ruled that it would take the government’s application for interlocutory injunction first and our NPO would be taken and determined along with the substantive suit.
“Also, our lawyers drew the attention of the Court to our application for stay of execution of the ex parte order and that the court should take that Application first. The court insisted that the
Government application would be taken first.
“On 15/9/21, the court ordered all parties to resume negotiations. The Government refused to resume negotiations in line with the order of 23/8/21. Our lawyers reported this development to the court. We have demonstrated good faith and would continue to do so,” he explained.
Uyilawa added that the refusal of the court to hear and determine NARD’s Notice of Preliminary Objection before
taking the government’s application for Interlocutory injunction, means that they have been denied fair hearing which is a fundamental right.
“In the circumstances, we have instructed our lawyers to file necessary processes,” he said