Court to rule on Lagos govt objection to striking doctors’ suit
LAGOS – The National Industrial Court, Lagos, will, tomorrow, rule on the preliminary objection by the Lagos State Government, challenging the suit by the 788 doctors whose appointments were terminated by the state government.
The doctors, in the suit by Chairman and General Secretary of Medical Guild, Dr. Olumuyiwa Odusote and Dr. Idris Durojaiye, respectively, for themselves and on behalf of other members of the guild, are praying the Court to void the identical dismissal letters purportedly issued to them by the government.
Attorney-General of Lagos State, Mr. Ade Ipaye, who argued the preliminary objection, contended that the Court had no jurisdiction to entertain the suit and thus should sstrike out same in its entirety.
On the dismissal of the matter, he contended that the suit cannot be sustained by the claimants, as the first and second claimants sued for themselves and on behalf of the guild, which is not a registered trade union.
He argued: “It is, in fact, not a person known to law. Yet, the claimants’ suit is predicated on an agreement purportedly entered into between the said Medical Guild and the government. The guild does not have locus standi either to maintain this action or to enter into a contract as alleged.”
On the suit disclosing a reasonable cause of action thereby allowing the Court with the jurisdiction to entertain same , he argued that no action can be retain by any entity except where a statute or common law confers legal personality on that entity.
He argued that even if there was a breach of any agreement, the procedure for resolving it is provided for in the Trade Dispute Act and none of the legal procedure had been followed.
He contended that the first two claimants cannot competently institute or maintain the suit on behalf of an entity which is non-existent in law.
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