Court Voids NMA’s Suspension of Dr. Kenenna Obiatuegwu

Alex Enumah in Abuja

Justice C. O. Agbaza of the High Court of the Federal Capital Territory (FCT) has voided the suspension of an Abuja based physician and consultant, Dr Kenenna Obiatuegwu, by the Nigerian Medical Association (NMA).
Justice Agbaza in a judgement delivered on Thursday held that the suspension was null and void because it was made in flagrant disregard of a court proceedings.

Obiatuegwu was suspended for taking the association to court over an internal dispute he had with the association.
However, the court held that notwithstanding the constitution of the association and its internal mechanism for resolving disputes, the complainant has the right to approach the court to ventilate his grievances over matters relating to breach of his fundamental rights adding that, “the Constitution of the Federal Republic of Nigeria is superior to that of the defendants”.

Justice Agbaza who held that the defendant’s letter to the claimant disqualifying him from contesting elective offices both at the state and national levels of the association translates to his suspension from the NMA. He further faulted the association for taking such steps, despite been aware that the matter has been seized by the court.

The court subsequently granted reliefs one to four sought by the claimant, while it denied relief five and it awarded a cost of N200,000 against the defendants.
According to Justice Agbaza, although the claimant alleged to have suffered damages due to the publication of his suspension in some newspapers wherein, he was described as an unruly person, he however failed to provide any prove in support of his claim.

The court subsequently made an order declaring the suspension of the claimant illegal, null and void.
“A declaration that the embargo and disqualification placed on the claimant by the defendants during the pendency of suit: FCT/HC/CV/895/2020 between Dr Kenenna Obiatuegwu v. Nigerian Medical Association and 2Ors is illegal, null and void.
“A declaration that the act of the defendants suspending the claimant is an act of lawlessness, self-help and disregard to the powers and rules of this Honourable Court.

“An order directing the defendants to forthwith vacate the purported suspension, embargo and disqualification placed on the claimant, retract the publication and a written apology published in three widely read newspapers”, the judge held.

He however, refused to make an order directing the defendants to pay the claimant the sum of two hundred million Naira (200,000,000.00) as damages for their illegal act.

Meanwhile, the court directed the defendants to pay the claimant the sum of 200,000 as cost of this action.

Obiatuegwu had on January 24, 2020 filed an action with Suit No: FCT/HC/CV/895/2020 challenging the constitutional flaws that disenfranchised more than 99.5% of medical practitioners in Nigeria from participating in the election of the national officers of the Nigerian Medical Association despite paying all dues without default.

He also challenged the legality of the constitutional clause that bars members from exercising their fundamental right of seeking redress in court as guaranteed by the 1999 Constitution of Federal Republic of Nigeria as amended, argued that no other law, bye-laws, rules and regulations is superior to the 1999 Constitution of the Federal Republic of Nigeria as amended.

While the suit was pending in court, the National Executive Council of NMA suspended the claimant for exercising his fundamental right in court.

The physician said that ordinarily he would have pulled out of the association because of the many illegalities perpetrated by its leadership which uses obnoxious association’s constitution to hold all the medical doctors in Nigeria hostage by mandatory and compulsory membership.

According to Dr. Obiatuegwu, “you are not allowed to vote or participate in the association’s meetings but the outcome of those activities are binding on you by compulsion irrespective of how detrimental such decisions are to you”.

“It is sheer servitude to be placed in this kind of situation and the honourable court cannot allow this victimization to continue bearing in mind that the court is the last hope of common man.”

According to the claimant’s counsel, Barr. Johnson Ahuruonye, the said communique was published on September 3, 2020, in punch newspaper and portrayed my client as unruly and undisciplined individual which has embarrassed my client and costs my client his reputation.

Ahuruonye held that: “What NMA did was flagrant disregard, self-help and abuse of the honourable court of justice. Do they rather want my client to carry arms and ammunitions like an association in the Enugu State did?

“My client is responsible enough to tow the non-violent and peaceful path by presenting the matter before a jurist to adjudicate and settle peacefully. Why else do they want? We have taken proper legal steps to subject NMA within the ambits of the 1999 constitution of the Federal Republic of Nigeria as amended”.