NGO Clarifies Judgment on Suit against FMC MD

James Sowole in Abeokuta

A non-governmental organisation (NGO), All Youth Re-oriented Initiative of Nigeria (AYRIN), yesterday stated that the judgment delivered in the suit FHC/AB/100/ 2021, filed by the organisation was not on the substantive matter but based on the preliminary objection raised by the respondents in the suit.

The counsel to the group, Isaac Izunya of Izunya Izunya  and Co, gave the clarification at a news conference in Abeokuta, Ogun State, against the insinuation that the case was dismissed in its entirety and that the sum of N1million was awarded against the organisation.

Justice O Oguntoyinbo of the Federal High Court, Abeokuta Division, had given judgment on the suit in favour of the Federal Ministry of Health as first respondent and the Medical Director of the Federal Medical Centre (FMC), Abeokuta, Dr. Adewale Olomu, as second respondent.

Addressing journalists, Izunya said the judgment, did not address the prayers sought by the applicant in the suit.

Listing the prayers of the NGO against the respondents, the counsel said the organisation sought three orders of the court.

He said the NGO sought “an order of this honourable court restraining the first respondent in the interest of the public, including Nigerian youths and civil servants, not to appoint or recommend the second respondent for any appointment or approval of any appointment as the Medical Director of FMC, Abeokuta, Ogun State, or any public appointment at all in the Ministries, Departments and Agencies (MDAs) of the Federal Republic of Nigeria on the ground of abuse of office, and he is above 60 years of age and irreconcilable different names on certificates presented for appointment as a civil servant.

“It sought an order declaring the second respondent as a person not qualified to be recommended for appointment or appointed into any public office or remain in any public office by reason of his age, abuse of public office and irreconcilable different names on his certificates presented for appointment as civil servant.

“An order directing the immediate retirement of the second respondent on the ground that he has attained 60 years’ retirement age in the Federal Civil Service of Nigeria.”

He said after appropriate service of the process by his office, “the first and second respondents raised preliminary objection, urging the court not to hear and grant the substantive prayers we have before the court, on the ground that among others, we have no reasonable cause of action, that it is National Industrial Court and not the Federal High Court that has jurisdiction and that we have no locus standi.

“We filed our response to their notices of preliminary objections and my Lord decided the case on the basis of the preliminary objections and upheld their objections.

“The decision of the court given on March 17, 2022, is not on the merit of the case as par our prayers, which means it does not decide whether or not the second respondent abused his office, has plenty names on his certificates or has attained the retirement age in civil service.”

He said the clarification was to serve as a compass to guide members of the public who were not in court when the judgment was delivered and do not have access to the judgment to know the kind of comment to make about the judgment.

Izunya said while the court awarded the cost of N100,000 against the applicant each in favour of first and second respondents, only for some people to report that the court awarded cost of N1million against the applicant.

The counsel stated that he and his client, were still studying the judgment, and would decide the next line of action.

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