Lawyers representing the Federal Government and the Nigerian Association of Resident Doctors on Friday told Justice B.A. Alkali of the National Industrial Court that both parties have failed to reach truce on the ongoing strike action.
Recall that the court had asked the parties to return today (Friday) to report on progress made on the matter.
The court had on August 23 ordered the federal government (Ministry of Health) and the doctors to suspend “all forms of hostilities” until the hearing of pending applications.
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THE WHISTLER had reported that NARD embarked on an indefinite strike action on August 2, 2021, following what it described as the federal government’s failure to address issues in the health sector, ranging from non-payment of House Officers’ salaries to salary shortfall of resident doctors from 2014 to 2016, amongst others.
Tochukwu Maduka SAN, the claimant’s lawyer, on Friday, accused NARD of coming up with new terms of agreement other than what obtained before.
“On the last adjourned date, the parties had agreed to explore other settlement options on this matter and that we should abide by a favorable resolution of dispute.
“The settlement on this matter has failed, there was an attempt actually but we could not agree,” he said.
He then urged the judge to proceed to his written address and the priority of his pending applications.
“My lord, we have a motion of notice which is pending before this court and which is ripe for hearing,” he said.
But NARD’s lawyer, Femi Aborishade argued that the settlement failed because FG came up new issues.
“We want to put it on record that in line with the court direction , the defendant demonstrated good faith.
“The ministry of labor invited the president of the defendant (NARD) for a meeting yesterday, the aides to the minister of labour gave the defendant a document titled An Addendum to the Original MOU, the addendum recognized that the time line had elapsed.
“In return, the president of the defendant gave the aides the proposed terms of settlement which is similar to the addendum.
“The proposed terms of settlement is predicated upon a recognition that the timeline on the original MOU had lapsed and there is a need to set new timelines.
“Upon the reciept of the defendant’s proposed terms of settlement by the minister, he asked his aides to tell the defendant that the government will be consulting its lawyers.
“The claimant ought to have met with him (NARD president) in line with the order of court to reconcile the differences in the timelines.
“My lord, in the interest of the masses of Nigerians who have no means to go abroad for medical care, we urge the court to order the claimant to go into negotiation with defendant to reconcile the differences in the two Addenda.
“We urge the honorable court to invoke the rules governing proceedings in this court to order the claimants to go into negotiations as ordered originally by the court,” he said.
Responding, however, Maduka said: “My lords, the defendant came and wrote entirely new issues in their terms of agreement.”
Justice Alkali ruled that since he is a vacation judge , and the parties have reported on the failure to settle, they have to move their applications for motion on notice of preliminary objection and interlocutory injunction.
But Femi told the judge to adjourn the case for another date.
Tochukwu objected, adding that if NARD will give an undertaken to call off the strike, he will agree that his motion be heard later.
The judge refused to adjourn the case.