The presiding Judge of National Industrial Court sitting in Owerri, Hon. Justice N.C Ogboanya has directed the counsel to the defendants, Barr Franklin Ninis, to file his defense in a matter brought before it by Mr Joachim Egerue (claimant) in Suit No.: NICN/OW/32/2024 over alleged unlawful termination of his appointment.
The counsel to the defendant had earlier argued that Federal University Teaching Hospital Owerri, one of the defendants, formerly known as Federal Medical Centre Owerri, before its conversion, has no “juristic personality to be sued” because according to him, it has not been gazetted,” hence he filed a preliminary objection.
In a swift reaction, the presiding judge disclosed that his court frowned at the grounds of the preliminary objection including the assertion that National Industrial Court of Nigeria has no powers to grant “declaratory reliefs”. He noted that the court described it as lack of “intellectual diligence.”
Speaking to newsmen after the sitting, counsel to the claimant, Dr. Barr Christian Nwadigo, said that the action of the defendants amounted to alleged resort to technicalities in order to”buy time,” instead of filling their defence, saying that the defendants have since been served in 2024. He said that the case was adjourned to March 28, to enable the defendants file their defense.
The three other defendants in the matter apart from the chief medical director include the Federal University Teaching Hospital Owerri, the Honourable Minister of Health, and the Federal Ministry of Health.
The counsel to the claimant Dr. Barr Nwadigo hinted that the matter emanated from the termination of the appointment of Mr Egerue by the Federal University Teaching Hospital Owerri based on an “audit report of Dental Stores of December 2020, conducted by the 2nd defendant, the Federal University Teaching Hospital Owerri, on the instructions of the 1st Defendant, Dr Kingsley Achigbu Ihedioha ( Chief Medical Director) in the absence of the claimant Joachim Egerue, and without notifying him, without inviting him…”
Nwadigo stated that the action of the defendants was tantamount to violation of the claimant’s constitutional rights to fair hearing in Section 36 of the 1999 Constitution” amid relevant circulars of the Ministry Of Health.
He disclosed that his client, Egerue is praying the court to, among other things, “declare as unlawful, wrongful, illegal and unconstitutional, the 2nd Defendant’s, Federal University Teaching Hospital, Owerri purported letter of termination dated 01/07/2021 issued to the claimant, Joachim Egerue on the instruction of the 1st Defendant, Dr Kingsley Achigbu Ihedioha (Chief Medical Director)…and ” an order directing the defendants jointly and severally to re-instate the claimant, Joachim Egerue, to his position…”