By Glory Abuh-Adejoh
The National Industrial Court, Abuja, on Wednesday struck out a suit against the Federal Government instituted by a Non-Governmental Organisation (NGO).
The NGO, Incorporated Trustees of Kingdom Human Rights Foundation International in the suit sought for a restraining order, to place the defendants on motion on notice.
Joined as co-defendants in the suit are the Nigerian Association of Resident Doctors (NARD),Uyilawa Okhuaihesuya, chairman NARD, Incorporated Trustees of Nigerian Medical and Dental Association, Minister of Health.
Others are the Federal Ministry of Health, Minister of Labour and Productivity and Attorney General of the Federation/ Minister of Justice.
When the matter which was slated for hearing before Justice Benedict Kanyip was called, the applicant/ claimant was absent.
The first and second defendants counsel, U.Y Hassan-Dukku informed the court that he had filed a preliminary objection, memorandum of appearance and counter affidavit which had been duly served.
He further stated that Order 38, Rule 3 (1) of the NICN Proceedings, 2017 be applied in the circumstance since the applicant was not in court and no good cause was given for the absence.
Hassan-Dukku submitted that by the said Order, the matter should be struck out, given the fact that the defendants did not have counter-claim.
D.E Modozie, the seventh defendant ‘s counsel, on his part prayed that the applicant be given another opportunity, stating that the applicant counsel’s absence may be due to the ongoing fuel scarcity in the country.
The court in its ruling however said ” the claimant is not in court, neither is its counsel and no reason is given for this action.
” The defendants also do not have counter- claim, I therefore agree with the first and second defendants counsel submission for the case to be struck out.
” The case is hereby struck out”, Kanyip ruled.
The News Agency of Nigeria (NAN) report that the NGO, on Aug.19, 2021 through a motion ex-parte prayed the court to order NARD to direct its members who were on strike then to return to work.
The then vacation judge, Justice John Targema after listening to the application however ruled that
by Order 17, Rule 14 ( 5) of NICN proceedings 2017, the court can make or refuse to make the order sought, or may direct the motion to be made on notice to the parties affected.
The judge in addition ruled that the affected parties ought to be put on notice before a trial court could grant a restraining order.
He also stated that when a trial court makes an order of restraint exparte, the order is made in breach of the provisions of section 33 (1) of the 1999 Constitution ( as amended).
He therefore made an order inviting the defendants on grounds of fair hearing.
The judge in addition ordered that the motion be made on notice to the parties affected by the application.
He also directed that hearing notice be issued, served on the defendants and proof of service of the motion on notice and all originating processes on the defendants be filed in the case file
Targema in addition ruled that a date would be fixed which would be determined by the president of the court who will reassign the file and both parties would be notified accordingly.
The matter which came up before Kanyip, the president of the court , was however struck out when the NGO nor its counsel, Okere Kingdom were in court and no reason was given for their absence.(NAN)
