The feud between the Lagos State Government and its doctors has not ended even after the 788 doctors sacked by the government have been recalled.
At the resumed hearing of their suit at the National Industrial Court in Lagos on Tuesday, the doctors, through their counsel, Mr. Ode Abah, insisted on continuing with their pending suit to enforce the implementation of the Consolidated Medical Salary Scale.
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Abah said in the light of the reinstatement of the doctors, his clients intended to amend their statement of facts to reflect a “vital document” backing their claim that the government had agreed to pay them according to the scale.
The state government, on the other hand, wants the court presided over by Justice Benedict Kanyip, to stay proceedings in the suit on the grounds that it had filed an appeal against the court’s ruling, striking out its preliminary objection to the suit.
The state government, represented by Mrs. Kemi Olugbode, expressed reservation on Kanyip’s ruling delivered on May 24, 2012.
An affidavit accompanying the application and sworn to by a counsel in the state’s Ministry of Justice, Ibiyemi Isinjola, stated, “The defendants/applicants are totally disatisfied with the ruling of the court and has instructed the Attorney General of Lagos State to appeal the said ruling.
“I verily believe that unless the proceedings are stayed, the applicants would be greatly prejudiced.”
In the seven-ground appeal, the state government alleged that the court’s ruling amounted to a miscarriage of justice, arguing that the ruling contained, a “finding” that “shows a wrongful evaluation of and apprehension of the nature of the jurisdictional objection raised by the appellants”.
The judge, however, said he would not grant the application for stay of proceedings.
“This is not an application I am likely to grant. We have been told at the last judges’ conference not to grant a stay in a suit that has not been decided on merit,” Kanyip said.
Upon Olugbode’s insistence to continue with the application, Abah, said he would want to respond, following which the judge ordered that the processes of the application be served on him.
Kanyip then adjourned till July 11 for hearing of the application.
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Source: Punch
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