"Court says Enugu striking doctors risk contempt charge
Court says Enugu striking doctors risk contempt charge
The National Industrial Court, Enugu Division, has said that the Enugu State Government could commence contempt proceeding against the striking Resident Doctors of EnuguState University Teaching Hospital (ESUT-TH) Parklane, if it so desired.
The court had restrained the doctors from embarking on industrial action following an application the government brought against them earlier this year.
Regardless, the resident doctors on April 25, 2020, withdrew their services from the teaching hospital, claiming that the state Government reneged on their last month’s agreement with them.
Justice O.O Arowosegbe while ruling on a motion exparte brought before the court on Wednesday, by one Mr. Oscar Mba, on behalf of Enugu urban residents, seeking for an order against the doctors to stay all actions in connection with the resumed industrial action, said that there was a valid and subsisting injunction restraining the medical doctors from embarking on industrial action that could be revisited.
According to the court, it would amount to abuse of court process since the defendants were the same doctors and the prayers same as that of the government application.
It averred that the state could invoke Form 48 and 49 to commence contempt proceeding against the defendants.
Therefore, the court declined to grant Mba’s prayers since the employers of doctors, which is the government, was not joined in his application.
Justice Arowosegbe ruled that since Mba’s action and that of the government were the same, he would hear the substantive matters together on May 20, 2020, earlier scheduled for the matter.
In his argument, counsel to the plaintiff, Mr Princewill Agu stated that his client, was devastated when on April 27, his wife took their twins to the Parklane hospital for medical check-up only to discover that the resident doctors had withdrawn their services.
He contended that since the resident doctors were engaged in the provision of essential services, they cannot take part in any strike, particularly during the present Coronavirus pandemic."
https://www.sunnewsonline.com/court-says-enugu-striking-doctors-risk-contempt-charge/
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