The Nigerian Medical Association sought the leave of court to withdraw notice of appeal and also filed another fresh preliminary objection challenging the orignating summons and the ruling of the court joining the 2nd and 3rd defendants which has long being taken over be events as the court has granted leave to the petitioner to join the registered trustee of the NMA.
FCT High Court warned against abuse of court processes even as the court ordered the petitioner to effect service of motion seeking nullification of election on other 2nd and 3rd defendants to enable the court take all pending application simultaneously
At the resumed hearing on Tuesday, 1st December 2020, counsel to the Registered Trustee of Nigerian Medical Association argued that only the preliminary objection should be taken. The counsel also verbally informed the court of their intention to withdraw the notice of appeal and stay of proceedings.
However counsel to the petitioner Barr. Ahuruonye Johnson Esq didn’t oppose the verbal application to withdraw the notice of appeal but opposed the defendant move to take only the preliminary objection. Barr. Ahuruonye pleaded with the court to take all pending applications including the motion seeking nullification of the election and the originating summon arguing that the current preliminary objection by defendants was a plot to delay justice and an abuse of court process even when it’s obvious that the preliminary objection has being over taken by the ruling of the court on the 10th of June, 2020.
After taking arguments from both parties, the court ordered all parties to respond to all pending applications and adjourned till March 11, 2020 to hear all pending motions/applications simultaneously. The court also ordered the petitioner to effect the service of motion seeking to nullify the elections on the 1st and 3rd defendants before the next adjourned date.
The court then granted the application of the NMA to withdraw the notice of appeal and directed counsel to NMA to also withdraw same at the appeal unit of the High Court.
An Abuja based physician Dr Obiatuegwu Kenenna had on th 24th of January, 2020 challenge the NMA Constitutional clause that disenfranchised over 99.5% of medical practitioners in Nigeria from participating in the election of it’s national officers. He also filed an application praying the court to nullify the election alleging contempt since the NMA proceeded with the election knowing fully well that it is a subject of litigation in a court of competent jurisdiction.
