The absence of the Federal Government and the Nigerian Association of Resident Doctors ( NARD) in the National Industrial Court, on Wednesday, prevented the matter from proceeding.
The suit seeks to challenge NARD for embarking on strike from Aug. 2 to Sept. 17, 2021, was slated for a hearing in Wednesday’s proceeding.
The court presided over by Justice Bashar Alkali on Sept.17, 2021 had ruled that parties should proceed with their applications due to their failure to reach definite terms of the settlement.
The court on the same date directed NARD to suspend the strike embarked on, on Aug. 2, 2021.
The court in addition ruled that the claimant, FG could proceed with its motion on notice on the interlocutory injunction and directed that the defendant’s preliminary objection would be taken along with the substantive suit.
Alkali also directed that the case file be reassigned by the president of the court.
However, when the matter which was reassigned came before Justice Benedict Kanyip, the president of the court, parties and their representatives were absent.
”The matter is slated for hearing and neither parties nor their representatives are in court in spite of being served with hearing notices.
” Given the importance of this matter, the court is giving the parties another opportunity.
” The matter is hereby adjourned until March 3. Hearing notices should be served on the parties and proof of service should be kept in the case file”, Kanyip ruled.
The News Agency of Nigeria (NAN) report that the court directed the parties to proceed with the suit after the parties stated that their negotiation as advised by the court had failed.
The claimant had filed a motion ex-parte and motion on notice on Aug. 23, 2021, seeking amongst others, an interlocutory injunction compelling the striking doctors to suspend the strike they embarked on Aug. 2, 2021.
The claimant’s application also sought for an order of interlocutory injunction restraining members of the respondent in all States of the Federation from further continuing with the industrial action embarked on Aug. 2, 2021.
Meanwhile, on Sept. 15, 2021, the court had adjourned for ruing when the parties agreed to go back to the negotiation table.
It was due to the failure of the negotiation that the court had ordered that the substantive suit proceeds for hearing.
NAN
