Medical and dental consultants ask court to set aside judgement
The Medical and Dental Consultants Association of Nigeria has approached the Industrial Court in Abuja to set aside its judgement which ordered that non medically qualified health professional should not be appointed as consultants in federal government institutions.
In a motion dated February 25, 2014, filed through their counsel, Mr. Jiti Ogunye, the medical and dental consultants asked the court to set aside its judgement.
But the trade union members under the Joint Health Sector Unions, through their counsel, Chief Adetola Kaseem (SAN) filed an objection, urging the court to dismiss the intervener’s motion on the ground that they have no locus standi to file the motion.
He further told the court that since the applicant will suffer no injury with the order made by the court, they have no right to approach the court for an order to set its judgement aside.
Ogunye in his reaction to the objection of the trade union told the court that the objection to his motion is incompetent and urged the court to strike it out.
He further told the court that the objection to the application to set aside the judgement of the court has no foundation either in the Act establishing the court, in the constitutional provisions governing establishment and operation of the court or in the rules of the court.
He begged the court to declare that the notice of objection as incompetent and should be struck-out.
After listening to submission of counsel, the court fixed May 21, 2014 for ruling.
President of the court, Justice Babatunde Adejumo had in his judgement in the case declared that the trade union has the right to direct that non medically qualified health professional not be appointed as consultant in federal government institutions.
He further ordered that any such appointment previously made should be reverted immediately as invalid and hence unlawful because clause. 3.0 (vii) of exhibit FOF 2 permits such appointment.