The lawsuit, filed before the National Industrial Court in Abuja, is spearheaded by eight nurses representing their colleagues.
The plaintiffs in the case, marked NICN/ABJ/76/2024, include Desmond Aigbe, Kelvin Ossai, Catherine Olatunji-Kuyoro, Tamunoibi Berry, Osemwengie Osagie, Abiola Olaniyan, Idowu Olabode, and Olumide Olurankinse.
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The nurses are seeking an injunction to halt the implementation of the NMCN circular “pending the determination of the suit.”
Their legal filings request a court order to; Suspend the implementation of the “REVISED GUIDELINES FOR VERIFICATION OF CERTIFICATE(S) WITH THE NURSING AND MIDWIFERY COUNCIL OF NIGERIA,” which took effect on March 1, 2024.
It also seeks to prohibit the defendants “from taking any further step that may hinder, restrict, or infringe on the constitutional rights and freedom of nurses and midwives in Nigeria from emigrating to seek better career opportunities and training abroad.”
The suit seeks to instruct “the 1st & 2nd Defendants to continue to carry out verification of certificates or any documents requested by applicants, their other intending colleagues, and other members of the Nursing and Midwifery profession within 7 days from the date of such application pending the hearing and determination of the lawsuit.”
During the court proceedings on Wednesday, the lawyer representing the nurses, Ode Evans, requested an adjournment to respond to a preliminary objection filed by the NMCN.
“We shall be asking for a date to enable us to file our responses,” Evans stated after confirming receipt of the objection.
The presiding judge, Justice Osatohanmwen Obaseki-Osaghae, granted the request and adjourned the hearing until May 20, 2024.
The court also ordered that notice of the hearing be served on the Federal Ministry of Health and the Attorney General of the Federation, who were not represented at the initial proceedings.