A human Rights Lawyer, and founder of Kingdom Human Rights Foundation International, Barr. Kingdom Okere has dragged the management and the entire staff unions of the Federal Medical Centre (FMC) Owerri to the Federal High Court sitting in Owerri, over what he called insensitive, illegal, inhuman and senseless industrial action.
In the Suit, number HOW/OW/CS/108/2015 between Kingdom Human Rights Foundation International and another VS the Management, Board of Federal Medical Centre Owerri, the lawyer is evoking the constitutional cum statutory responsibility of the Court to interpret the Federal Medical Center (Establishment Act) 2008.
When the matter came up for hearing on the motion ex-parte on Tuesday 9th June 2015, Hon Justice Ogunoyibo of the Federal High Court, Owerri who granted the prayer for the Plaintiffs to commence the suit through substituted service, but however, directed that the defendants be put on notice on the issues in the ex-parte. The Learned Justice also granted the prayer to serve the defendants through substituted service by publication in newspapers in Owerri Imo state. In the Originating summons, the plaintiffs are seeking the following reliefs.
A declaration of the Honourable Court that the unfortunate death of many Nigerians who died out of trauma, especially at the emergency medical unit, and pregnant women on antenatal and those on post natal care who were denied medical attention at the Federal Medical Centre Owerri, as a result of the insensitive, inhuman, senseless, wicked, illegal and unconstitutional industrial action is a crime against humanity and a breach of public health policy and constitutional right to life guaranteed under section JJ (1) of the 1999 Constitution of Nigeria as amended.
A declaration of the Honourable Court that the ongoing privatization/ Public Private Participation/ out sourcing/ concession of the Federal Medical Centre Owerri is illegal, unconstitutional, wicked, callous, criminal, corruption, ill-conceived and a grand plan to transfer the ownership and management of the public health institution to few individuals for selfish and personal gains and self-serving, and that it contradicts the objectives of establishing the public health institution as provided in section 7 of the Federal Medical Centre (Constitution of Board, etc) Act Cap C 3547 Laws of the Federation 2008 and the constitution of the Federal Republic of Nigeria of 1999 as amended.
A declaration of the Honourable Court that the second Plaintiff has suffered damages as a result of senseless rejection to render the compulsory six weeks (after birth) medical check-up and failure to Administer all necessary immunization by the management of the health institution, prompting his unplanned, abrupt and emergency transfer and that of patients leading to severe traumatic pains to other hospitals, as a fallout of the illegal industrial action embarked upon by the management and staff of FMC, does amount to breach of contract and breach of the 2nd Plaintiffs constitutional right to decent and affordable health care as guaranteed under the constitution of Nigeria, as captured in the National Health Policy of 1995.
A declaration of the Honourable Court that the sudden , insensitive, inhuman, unconstitutional, senseless, wicked, callous, and unsympathetic industrial action embarked upon by the defendants is a breach of public health policy and have subjected Nigerians to untold hardship and denied many innocent, helpless and pauperized Nigerians their right to adequate and decent health care and safeguard to their right to life, as provided in section 33 (1) of the 1999 constitution, and captured under the National Health Policy of 1995.
A declaration of the Honourable Court that the Chief Medical Director (CMD) and the Management or Board of the Federal Medical Centre Owerri has failed in their statutory responsibility and has proven to be corrupt, inefficient, incompetent, in the management of the public health institution and should be arrested and prosecuted for crime against humanity, unprofessional conduct, corruption, inefficiency, vindictiveness, annihilation, impunity, high-handedness, outsourcing, racketeering of all kinds which resulted in the illegal industrial action and loss of lives of many innocent Nigerians.
An Order of the court mandating the Management and Board and All staff unions at the Federal Medical Centre Owerri to call off the illegal, unconstitutional, inhuman, callous and unjustifiable industrial action embarked upon and an order restricting all the defendants from doing any act of commission or omission that is capable of resulting into industrial action now and in future.
An order of the Court restricting all the defendants from embarking on any industrial action for any reason whatsoever that is capable of endangering peoples lives now and in future.
An Order of the Court mandating the President of the Federal Republic of Nigeria to sack the Chief Medical Director and Management Board of the Federal Medical Centre Owerri on the grounds of administrative ineptitude, incompetence, corruption, inefficiency, vindictiveness, annihilation, impunity, high-handedness, outsourcing, racketeering of all kinds.
An Order of the Court awarding One Million Naira (N1,000,000.00) DAMAGES against 1st and 2nd Defendants to the 2nd Plaintiff for breach of contract and breach of constitutional right to compulsory six weeks (after birth medical check-up) decent and adequate medical services as guaranteed under the Constitution. The matter is fixed for 30th June 2015 for hearing and report of service.
Courtesy: Community Watchdog Newspaper
