Doctors’ strike: Resort to court and the protracted industrial action

The overstretched strike of the Nigerian Association of Resident Doctors (NARD) has not lingered without leaving unsavoury narratives behind. The resort to compel the health workers back to work by the force of Court order, have had its impacts of dynamics which have yet seen the aggrieved Doctors returning to work. The hell bent posture of the stakeholders may not be unconnected with the experience of breach of Agreements particularly on the part of the Government over time. The dragging feet of the strike since its commencement on the 2nd of August, 2021, have assumed hydra-headed dimension as the Resident Doctors who have decried unpalatable conditions of work have remained resolute on their stand to steer clear from calling off the strike without their demands being met.

It appears the health professionals are, this time, hell bent on their showdown with the Government, having fallen victim of ‘promise-and-fail’ breaches, largely on the latter’s part. While the Government has continued to make moves with several instruments to bring the strike to a halt, the resolute health professionals appear to be wading off attempts to be pacified without edible satisfaction of their demands by the Government.  The demands informing the ongoing strike this time by NARD centre on the need to push the Government to honour its agreement to pay arrears, hazard allowance as well as insurance benefits to families of doctors who have died of the COVID-19 virus. The Association has said doctors were ill-equipped and under-funded for their service while the facilities in state-run hospitals “are deplorable.”

Disagreements between the body of Doctors and the Government have continued to take course as irreconcilable differences keep taking heady dimensions as the offers of the latter appear to be unsatisfying to the former. In August, NARD had in decline  to proposals of the Government, chosen to steer clear from signing a Memorandum of Understanding (MoU), while insisting on sustaining the status quo of the strike until their demands are met.

Resort to the Court to secure an order forcing the aggrieved stakeholders back to work has not yielded the desideratum. It appears the grievances of the health workers have become so deep seated, defying every pacifying balm. It would be recalled the Monday August 23rd, 2021 ruling of the National Industrial Court (NIC), ordering NARD and the Government to suspend all forms of hostilities till September 15, 2021, had not gotten the Doctors back to work. The Government had in the application, prayed the court to grant two interim injunctions against members of NARD in all the states of the federation, pending the determination of the suit marked NICN/ABJ/197/2021. The Government had in an ex-parte application, prayed the court to grant two interim injunctions against members of NARD in all the states of the federation, pending the determination of the suit marked NICN/ABJ/197/2021. Specifically, it had applied for: “An order of interlocutory injunction restraining members of the Defendant/Respondent in all states of the federation from further continuing with the industrial action embarked upon on the 2nd day of August 2021, contrary to section 41 of the Trade Dispute Act, pending the termination of the substantive suit,” and also “an order of interlocutory injunction compelling all members of the Defendant/Respondent in all states of the federation to suspend the said industrial action which commenced on the 2nd August 2021 and resume work immediately, pending the determination of the substantive suit.” Justice John Targema who had the application had “ordered that the Claimants/Applicants and the Defendant/Respondent suspend all forms of hostilities forthwith, pending the hearing and determination of the motion on notice.”

On Wednesday (yesterday), resumption of the suit before Justice Bashar Alkali saw the parties’ arguments centered largely on court jurisdiction and contempt proceeding. The Judge who adjourned till Friday 17th, 2021, directed  parties to return to the negotiation table as stated by the counsels. It has been  observed that discussions at the Arbitration Panel have much more been shrouded with discontentments, seeing negotiation failing.

As the cloudd continue to thicken over the strike which has lingered for over 42 days, the need for thought is paramount. The seeming stalemate presents a situation where the aggrieved Doctors are hell bent to avoid falling victim of another promise-and-fail charade by the Government. However, while the course of their demands cannot be argued not be justifiable, it is evident that the impacts of the industrial action on the Nigerian population suffering from the clogs of huge Doctor-to-patients deficits, pose costly damages. The need for the Government to come to terms with expedited interventions with the most feasible pacifying balms that closely appeal to the demands of the aggrieved Doctors in the short run is paramount, while working assiduously to meet those demands which pragmatically would fall under long term framework.

It is important for the Government to come to the table of agreement with clean hands, backed with offers proving the will of readiness which are strongly convincing enough to jerk the confidence of the aggrieved Doctors back to work. Giving attention to the work conditions of the health workers which has been a major bone of contention, is sacrosanct. The unsavoury conditions, which under lamentations over the years is being left largely unaddressed, have continued to inspire the brain-drain phenomenon under which scores of health workers continue to flee the Country for greener pasture in nations where conditions are more appealing to the senses of health workers. The phenomenon has largely deepened the worsening deficits of health workers in the Country. In a recent point of call, the National Postgraduate Medical College of Nigeria (NPMCN) has urged President Muhammadu Buhari to declare brain-drain a national emergency with urgent measures to reverse the phenomenon by improving opportunities as well as work environment of medical doctors. The College President, Dr Musa Muhammed Borodo, had while addressing journalists on the 39th Convocation ceremony of the College, said though over 309 fellowships by examination from 16 faculties were to be graduated, the intended impact is rapidly being lost to developed climes owing to migration of Doctors abroad. “It is sad to note that the intended impact of this effort in our national healthcare delivery system is rapidly being lost to other, often more developed climes, due the escalating monstrous phenomenon of brain drain we are experiencing in our dear country.

“We accordingly urge government to urgently reverse it while we also dispassionately urge the trained doctors as well as those in training leaving the country to show more patience and understanding about the situation at home as things improve,” he was quoted.

The impacts of the damages of the deficits of health workers in the Country on the Nigerian population, far engender losses which may be too deep seated than superficially perceived. The need for the Government to act fast on reducing to the bearest minimum, possibilities of the inconsistencies which by character are avoidable by formidable managerial responsiveness. The shortfalls occasioning the lingering strike by Doctors under the aegis of NARD fall under such categorisation — it is pertinent for the Government of Nigeria to act decisively.