THE National Industrial Court of Nigeria (NICN) on Monday ordered the striking members of the Nigerian Association of Resident Doctors (NARD) to resume work immediately.
The order was made following an ex-parte motion filed by the Federal Ministry of Health, seeking for an order of interlocutory injunction restraining members of NARD from further continuing the industrial action they embarked upon on August 2, 2021 contrary to Section 41 of the Trade Dispute Act, pending the determination of the substantive suit.
The motion brought under Suit No: NICN/ ABJ/197/2021 has the Federal Ministry of Health and the Federal Government as first and second claimants/ applicants and NARD as the only defendant/respondent.
Upon hearing the motion ex-parte and affidavit sworn by Ahmed Nasiru, the Director of Legal Services, Federal Ministry of Health in support of the motion, the presiding judge, Justice J.I Targema granted an order of interlocutory injunction compelling all members of the defendants/respondents in all the states of the federation to suspend the said industrial action commenced on August 2, 2021 and to resume work immediately, pending the determination of the substantive suit.
The court held that the continued downing of tools by the striking doctors have inflicted a lot of damage on the health system and the sick, especially in this perilous time of the COVID-19 pandemic.
Targema further ordered that the claimant/applicant and the defendant/respondent suspend all forms of hostilities forthwith, pending the hearing and determination of the motion on notice.
The judge adjourned the matter to September 15, 2021 for the hearing of the motion on notice and any other, pending application.
