The National Industrial Court (NIC) had ordered members of the National Association of Resident Doctors (NARD) to immediately call off its industrial action that had commenced since 7th September 2020 which was initiated to drive home its demand for the government to meet its request among others, unpaid salaries, non-payment of hazard allowances, and the dearth of Personal Protective Equipment in hospitals earlier made in June this year.
On 8 September 2020 after the National Association of Resident Doctors declared its most recent strike action, the plaintiffs had filed their ex parte application that clashed within the annual vacation of judges. The Application was assigned to Justice Galadima sitting as a vacation judge.
Justice Galadima had ordered the immediate resumption of duties of NARD pending the hearing and determination of the motion on notice fixed for 8 October by Justice Edith Agbakoba handling the substantive suit.
The Plaintiffs argued among others in their ex parte application that "there is a pending suit between all the parties herein, presently before the Hon. Justice E. M Agbakoba of the National Industrial Court, Abuja, in a suit number NICN/ABJ/124/2020 wherein the right and legality of the 1st respondent/defendant (NARD) to embark on strike actions as essential service of health is being challenged".
"The 1st respondent/defendant is a provider of essential service of health necessary to the enjoyment of the fundamental right to life by members of the claimants' associations and indeed all Nigerians.
