THE LEGAL IMPLICATION OF THE PENDING SUIT(S) BETWEEN DR AWKADIGWE AND MDCN

Dr Paul John ,mazipauljohn@gmail.com ,08083658038

Pursuant to s46 of the Nigeria’s constitution, Dr Ikenna Awkadigwe dragged Medical and Dental Council (MDCN) of Nigeria to Federal High court sitting in Enugu for the High court to decide if MDCN has the statutory right to collect Building levy from medical practitioners for Nigerian Medical Association. There is also a similar suit pending in the National Industrial Court of Nigeria filed by  the same plaintiff and the suit bothers on illegal deductions from the salaries of doctors by the Nigerian Medical Association (NMA) , the National Association of Resident Doctors (NARD) and the Association of Resident Doctors (ARD)..    .

The Federal High court Judgment was supposed to be delivered on November 28th 2019 but was adjourned till Monday,2nd December 2019.

However on Monday,2nd December 2019 , both the  Federal High Court and the National Industrial court sat on the two different suits filed by Dr Ikenna Fredrick Awkadigwe in the two courts ,

 

Dr Ikenna Frederick Awkadigwe (,MBBS,LLB,MWACS ,DSC)

As earlier noted, 2nd December 2019 was meant to be judgment day at the Federal High Court on the Issue of the compulsory NMA Building Levy but the court declined to deliver judgment on technical grounds.

Late Justice Chukwudifu Oputa JSC who always queried if justice could be sacrificed  at the altar of the technicality of the law .

The learned judge argued that the Plaintiff (Dr Awkadigwe) demanded for the stopping of Building Levy for all doctors in Nigeria. The Court held that the Plaintiff could only demand for the stopping of the Building Levy for himself alone. Plaintiff was therefore advised to modify his suit to say that he was demanding for himself alone and not for all doctors in Nigeria.

Ubi Jus Ibi Remedium ,which means  for every wrong, the law provides a remedy.

The plaintiff had already commenced the modification of the Originating Summons to reflect this new development. The implication of this new development is that it will postpone the judgment day. Meanwhile, it has to be noted that, this new development is a technical issue which does not affect the final effect or outcome of the judgment though there are speculations that before the final judgment is delivered with this new development, Nigerian medical practitioners must have finished paying the building levy if it still remains compulsory for the renewal of 2020 annual practicing license as all doctors are expected to renew their licenses before December 31st 2019.

MDCN Registrar and the  national headquarters,Abuja

However, the effect of this modification is still that if the court stops the Building Levy for the Plaintiff alone, such judgment becomes a judicial precedent or case law that can be cited by any other doctor in Nigeria hence the stoppage of the building levy for the plaintiff will still apply to all the doctors in Nigeria even though the prayer is for the Plaintiff alone.

MDCN LOGO

Somebody may ask the difference between the previous and current prayers of the plaintiff, if both still apply to all doctors in Nigeria. The answer is not far-fetched as some courts insist that a particular procedure must be followed.

NMA LOGO

 

Also in another development at the National Industrial Court of Nigeria on Monday,2nd December 2019 , the Court fixed Wednesday,11th December 2019, for  its final judgment in a similar suit filed by Dr Awkadigwe.

The court  remains the final hope of the common man

 

 

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