National Association of Resident Doctors has asked its lawyers to proceed to the Appeal Court to challenge the ruling of the National Industrial Court that ordered it to end the ongoing strike.
NERD made this known on Friday in a statement titled, ‘NARD/SG/2020-2021/170921/83,’ and jointly signed by its President, Uyilawa Okhuaihesuyi, and Secretary-General, Jerry Isogun.
According to the statement, the association said “As we are all aware, especially those that were present in court today, the NIC has given a ruling on the application for interlocutory injunction filed by the Federal Government. We are not satisfied with the ruling.
“After consultations with our lawyers, we have instructed our lawyers to appeal the ruling and file an application for a stay of execution.
“On September 15, 2021, the court reserved ruling on which application the court would take first. Our lawyers had argued in the court on that day that the court ought to hear and determine our notice of preliminary objection challenging the jurisdiction of the court before taking the application for an interlocutory injunction or any other application.
“The court adjourned ruling on the argument on that issue till today (Friday). Today (Friday), the court ruled that it would take the government’s application for interlocutory injunction first and our NPO would be taken and determined along with the substantive suit.
“Also, our lawyers drew the attention of the court to our application for stay of execution of the ex parte order and that the court should take that application first. The court insisted that the government application would be taken first.”
NARD also said the government had refused to resume negotiation after the court ruling that ordered all parties to resume negotiations.
“Our lawyers reported this development to the court. We have demonstrated good faith and would continue to do so.
“By the refusal of the court to hear and determine our Notice of Preliminary Objection before taking the government’s application for interlocutory injunction, we believe we have been denied fair hearing which is a fundamental right.
“In the circumstances, we have instructed our lawyers to file necessary processes.
“We urge all members to remain calm and resolute. Everything depends on our firm resolve. We are committed to protecting your rights within the confines of the law. We believe justice shall be ours ultimately.”