• October 21, 2021

Physician Sues Nigerian Medical Association for Right Violation, Demands Ten Million Naira

An Abuja based Physician and Consultant Dr Obiatuegwu Kenenna have taken a bold lonely step to put right the flaws and unusal clause in the Constitution of the Nigerian Medical Association which disenfranchised over 99.5 percent of medical practitioners in Nigeria from participating in the election of the national officers of the association.

In the originating court summons dated 24th of January, 2020 with suit no IV/895/2020 filed in FCT high court and served on the defendant through the court balliff on Monday, Dr Obiatuegwu through his counsel is asking for the following direction of the court and for determination of the following questions.

Whether Article 7(10) of the defendant’s constitution violates the provisions of Section 39(1) of the 1999 Constitution of the Federal Republic of Nigeria as amended and the claimant’s right to vote.

Whether Article 8 of the defendant’s Constitution violates the claimant’s right to seek justice as guaranteed under Section 46(1) of the 1999 Constitution of the Federal Republic of Nigeria as amended.

The claimant is also seeking for the following reliefs by ordering.

A declaration that Article 7(10) of the defendant’s Constitution violates the provisions of Section 39(1) of the 1999 Constitution of the Federal Republic of Nigeria as amended and the claimant’s right to vote.

A declaration that Article 8 of the defendant’s Constitution violates the claimant’s right to seek justice as guaranteed under Section 46(1) of the 1999 Constitution of the Federal Republic of Nigeria as amended.

An order directing the defendant to amend the aforementioned provisions of her Constitution to enable the claimant to participate in the election voluntarily.

An order that the amendment should be done before the next election scheduled for April/May, 2020 to enable the claimant vote.

An order directing the defendant to invoke extant provisions of its Constitution to suspend Articles 7 (10) and 8 of the said Constitution to enable the claimant to vote, if the process of amendment does not happen before the said election in April/May 2020.

An order directing the defendant not to hold the said election in April/May 2020 if the claimant is not enabled to vote.

An order restraining the defendant or her agents from suspending the claimant from the association for seeking legal redress and justice in this court of competent jurisdiction.

The claimant is also seeking for the sum of ten million naira only as cost of this action.

The claimant emphasized that his decision to present this conflict before a court of competent jurisdiction to adjudicate was due to serial lack of interest and enthusiasm to genuinely address his concerns despite writing the NEC and NOC several times to do the needful.

No other person was joined to the suit.

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