*Seeks Nullification, Reversal to Status quo._
An Abuja based Urological Surgeon Dr Obiatuegwu Kenenna has filed a fresh application/”motion on notice” before the High Court Of the Federal Capital Territory (FCT) alleging violation of Civil Procedure rules of FCT High Court as amended in 2018 as well as violation of NMA constitution which does not recognize online electoral process in any form.
Dr Obiatuegwu through his counsel had on January 24 2020, commenced an action in court against the Nigerian Medical Association (NMA) on the constitutional flaws that disenfranchised over 99.5% of medical practitioners in Nigeria from participating in the election of the national officers of the association despite fulfilling all financial obligations.
Hearing of the fresh application comes up on the 10th of June, 2020. According to the FCT Civil Procedure Rules, “every originating process shall contain an endorsement by the Registrar that parties maintain status quo until otherwise ordered by the court” and the defendant’s constitution does not recognize any online electoral process as same proposal was squashed by the congress of the defendant in 2017 Annual Delegate Meeting of the defendant held in Calabar, Cross River State..
The claimant in the fresh application is seeking for the following reliefs:
AN ORDER of DECLARATION that the Annual Delegates Meeting/ Elections conducted by the National Organising Committee of the Defendant/Respondent on the 30th day of May 2020 via virtual technology while pendency of this suit before this Honourable Court is illegal, void and a nullity.
AN ORDER OF DECLARATION that the Annual Delegates Meeting/ Elections conducted by the National Organising Committee of the Defendant/Respondent conducted on the 30th day of May 2020 via virtual technology same unknown to the Constitution of the Defendant/Respondent is unconstitutional, illegal, void and a nullity.
AN ORDER OF DECLARATION that the Annual Delegates Meeting/ Elections conducted by the National Organising Committee of the Defendant/Respondent conducted on the 30th day of May 2020 via virtual technology amounts to gross misconduct and disregard for the Rules of this Honourable Court.
AN ORDER reverting parties back to status quo.
According to Counsel to the claimant Barr. Ahuruonye Johnson Esq conducting the election is not only prejudicial but daring to the court of law.
“We are taking the proper lawful and legal steps to void the unconstitutional online election as well as punish all those that participated in the said unconstitutional prejudicial process. The rules of the Court has precluded the need for interim or interlocutory injunction. We will not lose faith until justice is served to my client and by extension all medical practitioners in Nigeria. The defendant has also displayed gross misconduct and disregard to the court of law. The defendant also disregarded the admonitions and wise counsel of their own legal adviser. The legal adviser of the defendant via a letter addressed to the Secretary General of the defendant association and dated 14th of April, 2020 advised against the E-voting as same was not prescribed by the constitution of the defendant. Ironically, when the matter for the inclusion of electronic voting system involving all medical practitioners came up for consideration during the constitution review in 2017, the congress of the defendant declined and rejected the idea.The court shall hear our motion on the 10th of June, 2020”. He said.