FCT High Court sitting in Abuja has fixed December 3, 2020 for commencement of hearing on a petition filed by an Abuja based physician and consultant Dr Obiatuegwu Kenenna..
Dr Obiatuegwu Kenenna had challenged his suspension by the Nigerian Medical Association via a petition with suit number FCT/HC/CV/2612/2020 filed in FCT High Court on the 14th of September 2020.
The petition comes up before Justice Adebukola Banjoko of court 5 FCT high court sitting in Jabi Abuja. Dr Obiatuegwu through his counsel Barr. Johnson Ahuruonye Esq 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.
Dr Obiatuegwu had on the 24th of January, 2020 filed a petition 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 association’s 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 Nigerian Medical Association suspended the Dr Obiatuegwu for exercising his fundamental right in court and further went ahead to publish the said suspension in Punch newspaper which the claimant said is defamatory.
Dissatisfied with the verdict, Dr Obiatuegwu approached the court claiming the verdict is at variance with the 1999 Constitution of Federal Republic of Nigeria as amended and also joined the NEC of the Nigerian Medical Association to the suit.