Court Dismiss Suit Filed By FG, against Resident Doctors.

Posted by Naomi Churchill

A suit filed by the federal government against the Nigerian Association of Resident Doctors (NARD), have been struck out by the National Industrial Court, Abuja. Joined as a co-claimant in the suit is the Federal Ministry of health.

The suit challenged NARD for embarking on industrial action from June to September 2021. It was slated for hearing on thursday but couldn’t continue as neither the claimants nor their legal representatives were not in court.

Counsel to the defender, Bright Egualeona, on his part informed the court that they had filed a notice of preliminary objection dated August 25, 2021 and filed August 31, 2021.

He further stated that the preliminary objection was in response to the claimants originating process and that the claimants had not filed any process in reply to the preliminary objection.

Egualeona in addition therefore urged the court to strike out the suit for lack of diligent prosecution on the part of the claimants.

The presiding judge, Justice Benedict Kanyip after listening to the submission of the counsel said “Given the absence of the claimants for the second time and the defendant does not have a counterclaim, this suit is hereby struck out”.
On the last adjourned date of February 16, the matter could not proceed due to the absence of parties and their legal representatives in court.

The judge had therefore given the parties another opportunity “Given the importance of this matter.” The claimants, however, did not show up, forcing the court’s dismissal of the case.

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