An Abuja based Physician and Consultant Dr Obiatuegwu Kenenna has challenged his suspension by Nigerian Medical Association.
The Nigerian Medical Association had said it suspended Dr Obiatuegwu Kenenna for presenting the dispute he had with the association before a jurist to adjudicate and settle once and for all.
In the originating court summon with suit number FCT/HC/CV/2612/2020 filed in Abuja High Court on the 14th of September 2020, Dr Obiatuegwu through his counsel is asking the court to determine the following questions.
Whether the suspension of the claimant by the defendants during the pendency of SUIT NO: FCT/HC/CV/895/2020 between Dr Kenenna Obiatuegwu v. Nigerian Medical Association and 2Ors is proper and legal under the law.
Whether the embargo and disqualification placed on the claimant by the defendants during the pendency of SUIT NO: FCT/HC/CV/895/2020 between Dr Kenenna Obiatuegwu v. Nigerian Medical Association and 2Ors is proper and legal under law.
Whether the said act of the defendants does not amount to self-help and flagrant abuse and disregard of the powers and rules of this Honourable Court.
Dr Obiatuegwu Kenenna sort the following reliefs and court direction by ordering:
A declaration that the suspension of the claimant during the pendency of SUIT NO: FCT/HC/CV/895/2020 between Dr Kenenna Obiatuegwu v. Nigerian Medical Association and 2Ors is illegal, null and void.
A declaration that the embargo and disqualification placed on the claimant by the defendants during the pendency of SUIT NO: FCT/HC/CV/895/2020 between Dr Kenenna Obiatuegwu v. Nigerian Medical Association and 2Ors is illegal, null and void.
A declaration that the act of the defendants suspending the claimant is an act of lawlessness, self-help and disregard to the powers and rules of this Honourable Court.
An order directing the defendants to forthwith vacate the purported suspension, embargo and disqualification placed on the claimant, retract the publication and a written apology published in three widely read newspapers.
An order directing the defendants to pay the claimant the sum of Two Hundred Million Naira (200,000,000.00) as damages for their illegal act.
An order directing the defendants to pay the claimant the sum of Ten Million Naira (10,000,000.00) as cost of this action.
Parties to maintain status quo.
The physician said that ordinarily he would have pulled out of the association because of the many illegalities perpetrated by it’s leadership which uses obnoxious association’s constitution to hold all the medical doctors in Nigeria hostage by mandatory and compulsory membership.
According to Dr Obiatuegwu, “you are not allowed to vote or participate in the association meetings but the outcome of those activities are binding on you by compulsion irrespective of how detrimental such decisions are to you”.
“It is sheer servitude to be placed in this kind of situation and the honourable court cannot allow this victimization to continue bearing in mind that the court is the last hope of common man” He said.
According to the claimant’s counsel Barr Johnson Ahuruonye the said communique was published on the 3rd of September, 2020 in punch newspaper and portrayed my client as unruly and undiciplined individual which has embarrassed my client and costs my client his reputation. What NMA did was flagrant disregard, self-help and abuse of the honourable court of justice. Do they rather want my client to carry arms and ammunitions like an association in the Enugu State did? My client is responsible enough to tow the non-violent and peaceful path by presenting the matter before a jurist to adjudicate and settle peacefully. Why else do they want? We have taken proper legal steps to subject NMA within the ambits of the 1999 constitution of the Federal Republic of Nigeria as amended.
Dr Obiatuegwu had on the 24th of January, 2020 filed an action with Suit No: FCT/HC/CV/895/2020 challenging the Constitutional flaws that disenfranchised more than 99.5% of medical practitioners in Nigeria from participating in the election of the national officers of the Nigerian Medical Association despite paying all dues without default.
In same suit filed on the 24th of January, 2020 he challenged the legality of the Constitutional clause that bars members from from exercising their fundamental right of seeking redress in court as guaranteed by the 1999 Constitution of Federal Republic of Nigeria as amended arguing that no other law, bye-laws, rules and regulations is superior to the 1999 Constitution of the Federal Republic of Nigeria as amended.
While the suit was pending in court, the National Executive Council of NMA suspended the claimant for exercising his fundamental right in Court.
Parties to the current suit are the Registered Trustees of the Nigerian Medical Association and NEC of the Nigerian Medical Association.
