Strike Out Doctors' Suit —AG Tells Court


The legal battle between the Lagos state striking doctors and the state government kicked off this morning as the National Industrial court sitting in Lagos, southwest Nigeria, commenced the hearing of the suit filed by the doctors.

However, the Attorney –General of Lagos state, Ade Ipaye, while arguing the preliminary objection filed before the court submitted that the court has no jurisdiction to entertain the suit and therefore urged the court to strike it out.

He formulated two issues in which he said the doctors’ suit did not disclose any reasonable course of action, thereby not allowing the jurisdiction of the court to entertain it.

Ipaye also argued that the suit cannot be sustained by the doctors, because the two claimants, Dr. Odusote and Dr. I.O. Durojaiye sued for themselves and on behalf of the Medical Guild, which he said was not a registered trade union and not a person known to law.

He said the law is that the Medical Guild has no locus standi and that if they are to maintain action they can only do so until they enter into contract as alleged.

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He then urged the court to summarily strike out the case.

In his own submission, lawyer to the doctors, Bamidele Aturu; told the court that the preliminary objection filed by the Lagos State Government is incompetent, fundamentally and incurably defective.

He pointed out to the court that the preliminary objection was signed for the AG and that the person who signed it is not permissible to practice law in Nigeria since his identity was not stated. He argued further that for the AG to say the Guild is not recognised is far from the law as an association that is not been incorporated can always sue in representative capacity.

As at the time of filling this report, Mr. Aturu was still addressing the court.

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