The National Industrial Court of Nigeria (NICN) in Abuja on Monday ordered the Federal Government and the National Association of Resident Doctors (NARD) to “suspend all forms of hostilities forthwith” pending the determination of a motion on notice.

The court refused to grant the applicants’ prayers for an order of interlocutory injunction restraining doctors from continuing with the strike.

Justice John Targema ruled on a motion ex-parte by the Federal Ministry of Health and the Federal Government of Nigeria.

He ruled: “After reading the motion ex-parte and affidavit in support sworn to by Ahmed Nasiru of the Federal Ministry of Health, Abuja; and after hearing D. E. Kaswe Esq, for the applicant, who moved in terms of the motion papers, it is hereby ordered that the claimant/applicant and the defendant/respondent suspend all forms of hostilities forthwith pending the hearing and determination of the motion an notice.

“This matter is accordingly adjourned to 15th September 2021 for hearing of the motion on notice and/ or any other pending application.

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“Hearing notice and the originating processes be issued and served on the defendant/respondent. Proof of service of same be filed in the case file before the next adjourned date.”

The claimants, in the suit numbered NICN/ABJ/197/2021, had prayed the court, in their motion ex-parte filed on August 18, to order the doctors to end their strike and resume work.

They sought an order of interlocutory injunction restraining NARD members from further continuing with the industrial action embarked on August 2 contrary to Section 41 of the Trade Dispute Act, pending the termination of the substantive suit.

The applicants prayed an order of interlocutory injunction compelling the doctors in all states of the federation to suspend the strike and resume work immediately pending the determination of the substantive suit.

Minister of Labour and Employment, Dr Chris Ngige, described the ruling as a welcome development even though the court did not expressly order the doctors to resume work as prayed.

The minister, in the statement by the Deputy Director of Press and Public Relations, Federal Ministry of Labour and Employment, Charles Akpan, reassured the affected doctors that the ruling will not prevent the Federal Ministry of Health, Federal Ministry of Finance, Budget Office of the Federation (BOF), Office of the Head of Service of the Federation (OHOCSF) and the National Salaries, Incomes and Wages and Commission (NSIWC) from implementing the agreements contained in the Memorandum of Understanding (MoU) signed at the last meeting with the Nigerian Medical Association (NMA) and affiliate associations.

NMA had led three doctors associations to a marathon meeting which commenced on Friday and ended on Saturday with the signing of a new MoU.

NARD leadership declined to sign the MoU, referencing an undisclosed clause as a reason.

NARD President, Dr Uyilawa Okhuaihesuyi, told our correspondent that the body was yet to be served with a copy of the order.

“Number one, we are not in court. Secondly, we have not been served. So we are seeing it the same way everyone is seeing it in the media.

“When we went to the NICN last week, the case was adjourned till September 15th. We will therefore seek our legal redress and discuss it with our National Executive Council (NEC) members.

“As of 5:30 pm today (yesterday), we have not gotten anything from anybody. Our lawyer is already informed about the media news and we are waiting for the court to serve us the judgment, that is if there is anything like that.

“It is only in the media that we are hearing it, but we have not seen it physically,” he said.