Lagos doctors' case threatened

Lagos doctors' case threatened
BY ESTHER EGBE

Lagos doctors' suit against the state government faced the risk of being thrown out of the National Court, after Tuesday's sitting.

Ode Abah, counsel to the doctors, said anyway they filled a motion for stay of proceeding ,we also intend to amend our statement of facts because most our relief have being overtaken by events and we had prayed the court for some time to amend their statement of fact as events had overtaking the initial suit filed by the claimants.
According to him, the amendment would ask the court to compel the state government to honor an agreement it has with the clients to fully implement an improved salary package, called Consolidated Medical Salary Scale (CONMESS).

But the presiding judge, Benedict Kanyip warned that the amendment must be within the context of the court's ruling that it has power to hear the case.

About 800 doctors formally dismissed from service by the state government had been recalled, which was a major contention for filing the case.

On May 24, 2012, the court ruled against the state government's claims challenging the court's jurisdiction to hear the case.

It will also be recalled that the doctors were dismissed following a three-day warning strike, called to press for the full implementation of CONMESS.

"What's the life issue here now?" Asked Kanyip, making reference to the doctors' unconditional recall to work.

"Your prayer was not that we should give you CONMESS. The contest was that you had a right to it (go on strike) and the injunction was to stop the state government from disciplining you."

Kanyip stressed that the doctors may lose the court's attention should the latest amendment go outside the "context of strike in which the court has jurisdiction."

He therefore, suggested that the dispute concerning doctors' remuneration be taken before the Industrial Arbitration Panel.

"...and then, come back here for appeal, or you may want to file the case as individuals," he added.

He then adjourned the case to July 11, 2012, pending the claimants' application.

Abah however, claimed that their case against the state government was not affected by the development, adding that the doctors' dismissal was hinged on government's refusal to implement CONMESS.

He also expressed optimism that the court will still hear, even if it only concerns CONMESS.

Meanwhile, Olumuyiwa Odusote, the chairman of the Medical Guild, the doctors' umbrella body, expressed confidence that the issue will be resolved in or outside of the court.

"We wouldn't do anything to make the court deny jurisdiction. But even if one option doesn't work, we have to look at other options," he said.