The report that the National Industrial Court of Nigeria, has ordered the National Association of Resident Doctors (NARD), back to work has been disputed.
According to ThisDay, Justice John Tergema of the Abuja Division of the Industrial Court made the order on Monday while delivering ruling in an application by the federal government seeking an order of court compelling the striking workers to return to work.
The NARD had on August 2, 2021 embarked on an indefinite strike to protest what they say is a breach of agreement the association reached with the federal government to end its strike of 2020.
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After weeks of unfruitful dialogue, the government approached the industrial court for an order to enforce its “no work, no pay” rule.
Responding, the court had summoned the striking doctors to appear before it and show cause why their salaries should not be stopped as requested by the federal government.
In a short ruling, the trial judge fixed September 15, 2021, for hearing of the originating summons.
The judge also directed that the defendant should appear on the next adjourned date to show cause why the “no work, no pay” rule should not be enforced against it.
The federal government seemed not satisfied and had last week approached the court for an order compelling the striking doctors to “suspend the said industrial action commenced on August 2 and resume work immediately, pending the determination of the substantive suit”.
The ex parte application dated August 18, 2021, was argued on behalf of the federal government by Mr O. E. Kaswe, wherein he urged the court to restrain the doctors in all the states of the federation from further continuing with the strike on the grounds that it runs contrary to section 41 of the Trade Dispute Act.
Delivering ruling in the ex parte application, Justice Tergema 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 ordered that the defendant/respondent be served with the hearing notice and the originating processes, adding that proof of service be filed in the case file before the next adjourned date of September 15, 2021.
Members of the NARD embarked on a fresh strike due to the government’s failure to honor the memorandum of action that led it to calling off its strike in 2020.
Specifically, they are protesting the government’s removal of House Officers from the scheme of service.
In response to the union’s latest industrial action, the government approached the court, seeking punishment for the striking doctors for what it claimed is an abdication of responsibility.
Among the issues for determination by the court is whether or not the “no work, no pay” rule should not be applied against the defendant.
The suit also contained a prayer seeking an order of the court to direct the striking doctors to return to work immediately.
A statement signed by the ministry of labour and employment spokesperson, Charles Akpan, said the presiding judge, Mr Targema, granted the order of interlocutory injunction, “compelling all members of the Defendants/Respondents in all the states of the Federation to suspend the said industrial action.”
“The Court held that the continued downing of tools by the striking doctors has inflicted a lot of damage on the health system and the sick, especially in this perilous times of COVID-19 pandemic,” the statement added.
But in a surprising reaction to the news, the NARD told Premium Times that it only heard of the court sitting on the pages of newspapers after the sitting was over.
“We are not aware that the matter came up. We are just hearing it from news platforms and that is why we did not appear before the court,” the NARD President, Uyilawa Okhuaihesuyi, said.
He added that the NARD is only aware of the September 15 adjournment, and so Monday’s sitting was strange to the union.
Mr Okhuaihesuyi also debunked what he described as rumour that the court ordered his union’s back to work, saying the strike continues until their demands are met by the government.
With these conflicting statements from the media, the ministry of labour and the NARD, the hope of many Nigerians who have breathed sigh of relief at the news that the doctors have been ordered back to work, is dashed. The resident doctors’ striking action has paralyzed medical activities across the country for weeks now.
Justice Targema had on previous occasions refused to order doctors back to work, suggesting the NARD’s statement could be true.
However, Nigerians have kept bearing the brunt of the doctors’ strike as many are dying preventable deaths due to lack of Medicare.
“Losing my cousin to a road accident today (Monday) because no doctors available to attend to him on time has completely shattered me. My aunt is in coma already. Her only son is gone,” a bereaved Nigerian lamented on Twitter.