By Bisi Bamishe
There is an unprecedented legal summersault in a case where one Joachim Egerue is challenging the alleged wrongful termination of his appointment by Federal University Teaching Hospital Owerri, Imo State as lead counsel to the defendants asked the court to dismiss the case on the ground that the Federal University Teaching Hospital Owerri is an illegal institution and therefore cannot be sued.
Mr Nnamdi F. Ninis who is the lead counsel to the defendants had based his argument on the allegation that the Federal University Teaching Hospital which was formerly known as Federal Medical Center (FMC) Owerri is yet to have its registration gazetted by the Federal Government and therefore cannot be sued.
But the National Industrial Court of Nigeria (NICN) which was presided over by Honourable Justice N.C Ogbuanya had frowned at the argument of the defence counsel which he described as an attempt to waste the time of the court and had subsequently ordered him to file his defence if any as to enable the court proceed to decide on the matter.
Joachim Egerue who is a key staff of Federal University Teaching Hospital Owerri had approached the National Industrial Court of Nigeria sitting in Owerri in a Suit No NICN/OW/32/2024 to request for the reversal of the termination of his appointment which occurred in 2021. Defendants in the case are Chief Medical Director of Federal University Teaching Hospital Owerri Dr Kingsley Achigbu Ihedioha, the Federal University Teaching Hospital Owerri, the Honourable Minister of Health, and the Federal Ministry of Health.
The complainant Mr Joachim Egerue is praying the court to order his re-instatement to his position with attendant arrears of promotion or in the alternatively order direct the Defendants jointly and severally to pay the sum of N200 million as Special damages to the Claimant being the salaries, allowances, emoluments, benefits etc. which the Claimant should have earned from July, 2021 when his appointment was wrongly terminated to 2035 which would have been his retirement age.
Joachim Egerue is asking the court to order the Defendants jointly and severally to pay his arrears of salaries, allowances, emoluments, benefits etc. from March 2021 until judgment is delivered and thereafter, interest thereon at the banking rate of interest until the judgment sum is fully liquidated.
The other prayers are order directing the Defendants jointly and severally to pay N250 million as General damages and compensation for flagrant and unlawful termination of appointment/employment, an order directing the Defendants jointly and severally to pay N75 million as aggravated, exemplary and punitive damages for flagrant and unlawful termination of the Claimant’s appointment/employment.
Speaking to newsmen shortly after the matter was adjourned to March 28, counsel to the claimant, Dr Christian Nwadigo hinted that the counsel to the defendants, Nnamdi F. Ninis rather than file their defense to enable the hearing of the matter to proceed, filed a preliminary objection on grounds that “Federal University Teaching Hospital Owerri has no “juristic personality to be sued” because it has not been gazetted,” among other reasons.
He confirmed that court presided over by Honourable Justice N.C Ogbuanya frowned at the grounds of the preliminary objection including the assertion that National Industrial Court of Nigeria has no powers to grant “declaratory reliefs,” noting that the court described it as lack of “intellectual diligence.”
Nwadigo said that the action of the defendants amounted to alleged resort to technicalities in order to “buy time,” instead of filling their defence, saying that the defendants have since been served in 2024.
He further said that the court adjourned to March 28, to enable the defendants file their substantive defence.
Giving a background of the matter, Nwadigo hinted that the matter emanated from the termination of the appointment of Mr Egerue by the Federal University Teaching Hospital Owerri based on an “audit report of Dental Stores of December 2020, conducted by the 2nd defendant, the Federal University Teaching Hospital Owerri, on the instructions of the 1st Defendant, Dr Kingsley Achigbu Ihedioha (Chief Medical Director) in the absence of the claimant Joachim Egerue, and without notifying him, without inviting him…”
Nwadigo stated that the action of the defendants was tantamount to violation of the claimant’s constitutional rights to fair hearing in Section 36 of the 1999 Constitution” amid relevant circulars of the Ministry Of Health.
He disclosed that his client, Egerue is praying the court to, among other things, “declare as unlawful, wrongful, illegal and unconstitutional, the 2nd Defendant’s, Federal University Teaching Hospital, Owerri purported letter of termination dated 01/07/2021 issued to the claimant, Joachim Egerue on the instruction of the 1st Defendant, Dr Kingsley Achigbu Ihedioha (Chief Medical Director) and “an order directing the defendants jointly and severally to re-instate the claimant, Joachim Egerue to his position.”
