*It is an abuse of court process, dead on arrival~ Counsel to Dr Obiatuegwu
The Nigerian Medical Association has filed an application before the trial court seeking an order of court staying further proceedings pending hearing and determination of the interlocutory appeal.
Counsel to Nigerian Medical Association listed the following grounds for the application:
Ground 1: The Court erred in law and occasioned gross miscarriage of justice when he granted leave to the applicant to join two parties despite obvious fact that the originating processes were incurably defective.
Ground 2: The Court erred in law and breached the fundamental principle of fear hearing when despite being informed of the existence of the Appellant’s notice of preliminary objection challenging its jurisdiction, proceeded in entertaining the Respondent’s motion for joinder.
Ground 3: The Court erred in law and occasioned gives miscarriage of justice when he assumed jurisdiction on an incompetent suit.
Ground 4: The Court erred in law and occasioned gross miscarriage of justice when he granted an order for joinder in an hitherto incompetent suit.
Ground 5: The Court erred in law when he struck out paragraphs 4 (I) – (v) of the Appellant’s Counter affidavit and relied on same inter-alia as basis for granting the Respondent’s application for joinder.
Ground 6: The Court misdirected himself and thereby occasioned miscarriage of justice when he made an order joining a fictitious person as the 3rd defendant and a possible duplication of the fictitious 1st defendant as the 2nd defendant.
Nigerian Medical Association also sought for an order allowing the appeal, an order setting aside the ruling of the trial High Court as well as an order dismissing the suit for lack of jurisdiction.
However Counsel to Dr Obiatuegwu Kenenna says the application is an exercise in futility, abuse of court process and only a plot by the Nigerian Medical Association to perpetuate illegality which they are known for.
” They are applying all manner of tactics to delay justice. The came with all manner of technicalities and baseless arguments during the last hearing on the 10th of June, 2020 but failed to misdirect the Court. They are obviously pursuing shadows instead of addressing the meat of the matter with facts. Our notion of justice is justice according to law and not justice that is tailored to sentiments, shadow-chasing or frivolous technicalities. Stay of proceeding is a matter of law and facts and the law must provide for it and the applicant must satisfy the court that the proceeding must not be allowed to continue in the interest of justice.” He that comes to equity must come with clean hands. NMA violated the Court rules, insulted the authority of the court of law and even violated its own constitution. NMA has lost the morals to seek for any relief before the same court they abused. NMA hands are not clean and that application will be refused.” He said.
“We have filed the necessary process seeking nullification of the unconstitutional online election that involved only 37 out of 80,000 medical practitioners that pay dues in Nigeria. The said illegal online election was not prescribed in the Constitution of the Nigerian Medical Association. Instructively when the matter for inclusion of electronic voting came up in the 2017 ADM held in Calabar Cross River State, the Congress of NMA refused and rejected the idea. Their legal adviser also wrote NMA advising against the Unconstitutional election citing same reasons but NMA ignored him. They have no defence for their irresponsible behavior. We shall vehemently oppose NMA misguided plot to blackmail the Court. While NMA has the right to appeal or pursue shadows, my client also has his right to obtain justice. We are ready for hearing in October. In Nigeria Bar Association (NBA) we believe in equity and all lawyers matters and voluntarily votes but in NMA only 37 selected persons gather to appoint and impose leaders on other peace loving medical practitioners including my client.” He concluded.
Dr Obiatuegwu Kenenna had on the 24th of January, 2020 commenced a court action challenging the Constitutional flaws that disenfranchised over 99.5% of medical practitioners in Nigeria from participating in the election of it’s national officers. While the matter was pending in court NMA allegedly violated the court rules and NMA constitution despite receiving the originating processes on the 21st of February, 2020. Dr Obiatuegwu subsequently filed a motion seeking nullification of the election as the action is capable of rendering the court decision a nugatory.
The court had earlier fixed October 20 to hear motion seeking nullification of the election.