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Go To Court, Lawyers Tell Sacked Doctors - Health - Nairaland

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Government Vows Not To Recall Sacked Doctors / Why Sacked Doctors May Not Be Recalled - Fashola / Lagos Issues Quit Notice To Sacked Doctors. (2) (3) (4)

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Go To Court, Lawyers Tell Sacked Doctors by phantom(m): 3:09pm On Aug 18, 2014
The law firm of the late human rights activist, Mr. Bamidele Aturu, and a Senior Advocate of Nigeria, Mr. Sebastine Hon, on Monday urged the about 16,000 resident doctors sacked by the Federal Government to challenge their dismissal in court.

[b]In separate statements, the deceased activist’s law firm and Hon, condemned the sacking, describing it as irresponsible, “unlawful and unconstitutional”.

Aturu, who died at 49 on July 9, was the lawyer who sued Lagos State Government when it sacked 788 striking doctors in May 2012.

The Lagos State Government had sacked the doctors for participating in a three-day warning strike between April 11 and 13, 2012.

A statement by the Deputy Head of Chambers, Bamidele Aturu & Co Chambers, Mrs. Chisa Anyanwu, said the doctors sacked by the Federal Government on Thursday should seek to reverse their dismissal in court.

“The sacked resident doctors can easily challenge the unsympathetic act of the Federal Government in the appropriate court and have the decision of the Federal Government reversed,” the statement read in part.

The firm added that it was ironical that the FG sacked the doctors at a time it declared National Public Health Emergency on the Ebola Virus Disease outbreak.

“It is ironical to think that the Federal Government could have declared a National Public Health Emergency on the Ebola Virus Disease outbreak on one hand, and then turn around to sack the Resident Doctors who are the Primary Health Givers on the other hand,” it said.

On his part, Hon asked the affected doctors to disregard the purported termination of their appointments and urged them to go to court if their salaries and other entitlements are withheld by government.

He gave the doctors 100 per cent victory assurance if they dared to challenge their dismissal in court.

He argued that the sacking of the doctors on the grounds of the ongoing strike embarked upon by the Nigerian Medical Association was illegal, as the right to go on strike was recognised in Nigerian laws.

He also corroborated his stance by citing a the case of Union Bank of Nigeria Ltd. vs. Edet (1993) 4 NWLR (Pt. 287) 288 in which he said the Court of Appeal had “held that embarking on a strike action is acceptable in law.”

He added that even though the Trade Disputes (Essential Services) Act, Cap. T9, Laws of the Federation of Nigeria, 2004, prohibits strike action by persons rendering essential services, including members of NMA, “this legislation has not imbued the President with any modicum of power to sack any person who has acted in breach of the Act”.

Hon said, “I make it bold, therefore, to submit that the pronouncement by the Presidency sacking those medical doctors is unconstitutional, null and void. And the law is well settled that any act or action that is null and void is deemed not to have existed at all; hence should be ignored.

“NMA members can, therefore, ignore such purported mass sack; and if their salaries and emoluments are withheld or if they are denied ingress into and egress out of their respective hospitals, they can enforce those rights in court with 100 per cent probability of success.”

According to him, the sacking was also in breach of provisions of section 40 of the Constitution, which guaranteed the right to assembly and associate freely.

He added that the Federal Government’s pronouncement also violated the provisions of the University Teaching Hospitals (Reconstitution of Boards, etc) Act, Cap. U15, Laws of the Federation of Nigeria, 2004, which regulate and protect the employment of the sacked doctors.
[/b]
But he also appealed to the NMA “to accede to reasonable offers from the Government and end the strike action soonest, for humane reasons”.


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what can i say.....sh***t is getting real.
Re: Go To Court, Lawyers Tell Sacked Doctors by phantom(m): 3:19pm On Aug 18, 2014
TUC urges FG to settle rift with NMA

The Trade Union Congress has called on the Federal Government and the leadership of the Nigeria Medical Association to resolve the lingering industrial action embarked upon by doctors in the country.

President and Secretary General of the TUC, Messrs Bala Kaigama and Musa Lawal, in a statement in Abuja on Sunday, also urged the Federal Government to reverse the sacking of striking resident doctors.

The duo said that it was dangerous for the Federal Government to take the decision to sack the resident doctors, especially at a time the country was battling with the challenge of the deadly Ebola virus disease.

The TUC leaders, who called on the Federal Government to commence talks with the doctors, also advised the NMA to suspend the strike because of the Ebola threat in the country.

Kaigama and Lawal said that even enemies would unite for a solution when confronted with a common deadlier threat.

The statement reads in part, “In relation to this issue, we implore the Federal Government to reverse its decision of sacking the striking doctors and call them back to the negotiation table.

“The nation cannot afford any calamity such as the sack move might cause. While we understand the plight of the Government in having to simultaneously contain both the threat of Boko Haram to national security and the challenge of the Ebola disease, we consider it very precarious for it to insist on sacking the doctors at this time.

“On the other hand, we charge all the doctors to listen to the voice of reason and the cries of Nigerians and end (or at least suspend) the strike and return to work, if only to resolve the Ebola mystery on our hands. Even enemies strike a truce and unite when faced by a more dangerous mutual adversary.”


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funny people! when they were busy together with the NLC,heaping sand around the waist of JOHESU,they didnt realise the NMA could singlehandedly cause this degree of commotion.
let them direct their appeals to the one and only clueless one!
Re: Go To Court, Lawyers Tell Sacked Doctors by phantom(m): 3:48pm On Aug 18, 2014
of course NMA/NARD doesnt need to be told.

sue the govt for wrongful termination. this is the time for NMA/NARD legal team to make a name for themselves.
take the bstards to court.
imagine a sitting president who is supposed to be knowledgeable has NO IDEA WHICH OF HIS WORKERS CALLED FOR A STRIKE.

NARD didnt call a strike.NMA did! so in effect ,jonathan and his minister should be sued for wrongful termination.

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Re: Go To Court, Lawyers Tell Sacked Doctors by phantom(m): 4:08pm On Aug 18, 2014
Below is the breakdown of the monthly earnings of a Nigerian senator:NOTE: ALL ARE IN NAIRA
Basic Salary – 2,484 245.50
Hardship Allowance (50% of B.S) – 1 242 122.70
Consistuency allowance (200% of B.S) – 4 968 509.00
Furniture Allowance (300% of B.S) – 7 452 736.50
Newspapers Allowance (50% of B.S) – 1 242 122.70
Wardrobe Allowance (25% of B.S) – 621 061.37
Recess Allowance (10% of B.S) – 248 424.55
Accommodation (200% of B.S) – 4 968 509.00
Utilities (30% of B.S) – 828 081.83
Domestic Staff (75% of B.S) – 1 863 184.12
Entertainment (30% of B.S) – 828 081.83
Personal Assistance (25% of B.S) – 621 061.37
Vehicle Maintainance Allowance (75% of B.S) – 1 863 184.12
Leave Allowance (10% of B.S) – 248 424.55
Severance grautity (300% of B.S) – 7 452 736.50
Motor Vehicle Allowance (400% of B.S) – 9 936 982.00 – Every Four YearsSenators’ salary per month – N 2 456 647.7
Total = N 29 479 749 * 109 Senators
Grand Total = N 3 264 329 264.10
[b]The breakdown above does not include: the quaterly unaccountable constituency allowances (35million for each house of rep. member. 48 million for each sen.), their individual convoy of tinted bulletproofs dozens of brandnew Jeeps, some unnamed backyard moneys, some big and fat handy envelops nor does it include ‘never to be known by the public’ moneys not to talk of embezzlement and bribery etc.From the breakdown one will immediately understand the reason why our politics is christianed ‘DO OR DIE AFFAIR’ for the money seems enough for any insane senator, as it seems we have, to want to end his opponent breath at election. No wonder the senate president has turned his public post into a life affair stuff. No wonder senatorial and representative sits have turned hereditarial in nature for after the said 2 terms the sit should be left for relatives or children. No wonder we kept having boxers and wrestlers in N.A instead of them representing the nation in several weight titles and championships. No wonder ‘serving’ the people is a must .
All a doctor is asking for is #100 000 monthly Hazard not hardship allowance & this appears "TOO MUCH" for Jonathan/Onyebuchi.[/b]

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Re: Go To Court, Lawyers Tell Sacked Doctors by Joenz(m): 8:26pm On Aug 18, 2014
Lolz,I jes pity u Phantom.You are surely not exempted from the general delusional feeling of self-importance that is so rampant among NMA members.Which commotion have you and your colleagues caused?heaven don fall?Residents were sacked n Nigeria is marching foward.Again,it was you that depended on NLC,TUC,NUPENG,PENGASSON even JOHESU to raise their voices n fight your course,you are the same person accusing and demonising TUC that has given you the prodigal son's traetment and come to your rescue.By the way,who proscribed NMA from NLC?

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Re: Go To Court, Lawyers Tell Sacked Doctors by phantom(m): 9:30pm On Aug 18, 2014
Joenz: Lolz,I jes pity u Phantom.You are surely not exempted from the general delusional feeling of self-importance that is so rampant among NMA members.Which commotion have you and your colleagues caused?heaven don fall?Residents were sacked n Nigeria is marching foward.Again,it was you that depended on NLC,TUC,NUPENG,PENGASSON even JOHESU to raise their voices n fight your course,you are the same person accusing and demonising TUC that has given you the prodigal son's traetment and come to your rescue.By the way,who proscribed NMA from NLC?

my friend go and tell that to the pregnant women who came to the teaching hospitals today and met NO ONE ON GROUND. undecided undecided undecided
Re: Go To Court, Lawyers Tell Sacked Doctors by phantom(m): 9:32pm On Aug 18, 2014
Recall sacked doctors now, NLC tells FG


The President of the Nigerian Labour Congress, Mr. Abdulwahed Omar, has called for the reinstatement of the resident doctors who were recently sacked by the government.

Omar said in an electronic mail on Monday that the decision of the government should be reversed in view of the current health challenges facing the country.

He said that the Federal Government given the wrong advise to sack the striking doctors.

The NLC President said that rather than sacking the doctors, the Federal Government should employ more health workers and devote the expected attention to the provision of necessary equipment to the health facilities in the country.

He said that the sacking of the doctors was unnecessary in view of the grave challenge posed by the Ebola virus to Nigerians.

He said that it was even more precarious to sack doctors en mass, in the country where available doctors were grossly inadequate with a ratio of one doctor to 5,000 citizens out of the population 170 million people.

He said, “The recent mass dismissal of resident doctors in federal hospitals across the country by the Federal Government is ill-advised, and therefore should be re-considered and reversed given prevailing health challenges.

“What the country needs urgently is recruitment of more health professionals, well equipped public hospitals, and a well-organized health system capable of responding to the health concerns of our growing population and not sacking of any category of health personnel.

“We believe the Federal Government was misadvised and also misled by this action.

“It is clearly unwarranted to sack doctors just as we are collectively faced with the challenge of the Ebola Virus. It is even more dangerous to sack medical personnel in a country of over 170 million people with a ratio of one doctor to over five thousand patients.”

He urged the government to give special attention to the protection of health workers who are more endangered by the Ebola outbreak by providing them with the requisite work tools and motivation.

The labour leader also advised the government to audit the public health sector with a view to determining the state of equipment, personnel and funding in the sector.

“The Federal Government needs to carry out an urgent audit of our public health sector to determine the state of the sector in terms of equipment, personnel and funding.

“While workers, and indeed all Nigerians, are at great risk and require adequate protection, those in the medical sector should particularly be sufficiently equipped and given incentives to guarantee their safety and boost morale. No country can afford, specifically at these trying times, to neglect its health sector, including the personnel that work there,” he added.

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