…As Egerue’s lawyer alleges delay tactics .
…Matter adj, Mar. 28
The National Industrial Court of Nigeria, NICN, sitting in Owerri, Imo State, has adjourned to March 28, to enable the defendants -Chief Medical Director of the Federal University Teaching Hospital Owerri and three others file their defense
in the matter brought before it by Mr Joachim Egerue (claimant) in Suit No.: NICN/OW/32/2024,
over what alleged unlawful termination of his appointment.
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.
Speaking to newsmen shortly after the matter was adjourned to March 28, counsel to the claimant, Dr Christian Nwadigo hinted that the counsel to the defendants, Nnamdi F. Ninis rather than file their defence to enable the hearing of the matter to proceed, filed a preliminary objection on grounds that “Federal University Teaching Hospital Owerri has
no “juristic personality to be sued” because it has not been gazetted,” among other reasons.
He disclosed that court presided over by Honourable Justice N.C Ogbuanya frowned at the grounds of the preliminary objection including the assertion that National Industrial Court of Nigeria has no powers to grant “declaratory reliefs,” noting that the court described it as lack of “intellectual diligence.”
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 further said that the court adjourned to March 28, to enable the defendants file their substantive defence.
Giving a background of the matter, 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…”