Strike: Over 70 Doctors Accompany Falana To Court As Judge To Rule On NARD, FG Dispute

No fewer than seventy doctors accompanied human rights lawyer, Femi Falana, SAN, to the National Industrial Court in Abuja where Justice Bashir A. Alkali is expected to rule in a suit involving the Nigerian Association of Resident Doctors (NARD) and the Federal Government.

Our correspondent reports that Alkali on Wednesday stood down the case (for 20 minutes) for ruling after lawyers to both parties argued about the lingering strike action by NARD.

NARD’s lawyer, Falana SAN and Tochukwu Maduka SAN, counsel for the federal government , debated over which party was being hostile against the other.

Recall that the court had on August 23 ordered the federal government (Ministry of Health) and the doctors to suspend “all forms of hostilities” pending the determination of a suit filed against the resident doctors by the federal government.

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.

But the FG, through the Minister of Labour and Employment, Chris Ngige, had on August 14 referred the matter to the industrial court, claiming that the Federal Ministry of Health had met most of the doctors’ demands.

In an ex parte motion brought before the court amid the strike, FG had sought for the following orders:

“An order of interlocutory Injunction restraining members of the Defendant/Respondent in all States of the Federation from further continuing with the industrial action embarked on the 2 day of August, 2021 contrary to Section 41 of the Trade Dispute Act Pending the termination of the Substantive Suit.

“An order of Interlocutory Injunction compelling ail members of Defendant/Respondent in all States of the Federation to Suspend the said industrial action commenced on the 2nd August, 2021 and resume work immediately pending the determination of the substantive suit.

But the judge, John Targema, ordered “that claimant/applicant and the defendant/respondent suspend all forms of hostilities forthwith pending the hearing and determination of the motion on notice.”

The NIC has jurisdiction in matters relating to labour, employment, trade unions, industrial relations and matters arising from workplace, including the conditions of service.

Before the matter was stood down for ruling on Wednesday, Tochukwu accused NARD of refusing to end “hostilities” against the government, adding that the inference of the order was for the doctors to call off strike.

“The hostilities is the strike action. Let them call off the strike action.

“The point is that we are open to negotiation, the Minister referred this matter to a committee.

“Tell me what you expect me to do and I will tell you what you are expected to do,” Tochukwu said while looking at Falana.

But Falana replied that ending hostilities meant that both parties should go back to the negotiation table.

He added that it was a sad development for the doctors to be getting N5,000 as allowance despite the challenges they face while treating patients as well as the covid-19 pandemic which claimed the lives of no less than 20 doctors.

“On our part, we are going to advise our clients properly, my learned friend should tell his client to cease hostilities,” he added.

On his part, Justice B.A. Alkali advised that FG and the doctors should talk and reach some compromises, adding “we are in a very serious issue in this country.”