An Enugu State High Court has sentenced Dr. Ngozi Unaogu, Acting Chief Medical Director of the Federal Neuropsychiatric Hospital, Enugu, and Dr. Ubochi, Head of Clinical Services, to prison for contempt of court.
The ruling was delivered by Justice Ngozi Orji on Monday.
The contempt proceedings were initiated by Dr. Afam Ndu, suspended Principal of the School of Basic Mental Health Nursing at the hospital, following a 2020 court judgment that awarded him N2.5 million in damages and issued a perpetual injunction restraining the defendants from questioning his qualifications.
Meanwhile, SaharaReporters gathered that the same judgement is still a subject of litigation as it is being contested at the Court of Appeal in Enugu.
Justice Ebele Mabel Egumbge of the High Court of Enugu State had in 2020, ruled in favour of the plaintiff, Dr. Afam Ndu in suit No. E712017, where the court awarded Dr. Ndu N2.5 million in damages and issued a perpetual injunction restraining the defendants, including Dr. Unaogu and Dr. Ubochi, from questioning his qualifications.
The defendants following the directives of the Federal Government through the ministry of Health constituted a committee to investigate the same qualifications against the court order.
However, ruling on the contempt proceeding on Monday, Justice Orji held that the Defendants were in breach of the order of the court.
Consequently, she ordered that the defendants, Dr. Unaogu and Ubochi should remain at the Correctional Service until they purge themselves of the obedience to the court judgement.
Also in her ruling, the court found that both the Acting Medical Director and the Head of Clinical Services disobeyed the court order when the first contempnor, the Acting Medical Director, Dr. Ngozi Unaogu, constituted a senior staff committee headed by herself to further scrutinise the NYSC discharge certificate of Dr. Afam Ndu which was a directive emanating from the office of the Federal Minister of Health and Social Welfare.
The court in delivering the ruling, held that the constitution of the senior staff committee by the Acting Medical Director was a fragrant disobedience to court order.
Consequently, the court committed the duo to prison and ordered that they be so detained until there is an absolute obedience to the court order as contained in the judgment delivered.
It should be recalled that Mr. Ndu had sued the Registrar, Nursing & Midwifery Council of Nigeria (NMCN) before the State High Court.
In the suit he had sought for an order of the court to compel the NMCN to register him with the Council as a general nurse and nurse educator having possess PGD & Masters degrees in Education.
Other defendants in the suit No. E/120/2019 were Mrs Ifele Onuchukwu, Ndagi Alhassan, Dr. Jojo Onwukwe and Dr. Andrew Orovwigho.
The Plaintiff (Ndu) in a separate suit, sued four Medical Doctors; Dr. Ubochi V.N, Dr. Unaogu N.N, Dr. Acho J.U and Dr. Ugwuonye O.K with Neuropsychiatric Hospital for libel.
He had said that the defendants allegedly petitioned against him to the Minister of State for Health alleging that he (plaintiff) did not possess requisite qualifications to be employed as a Nurse Tutor position in the School of Psychiatric and Mental Health Nursing of FNHE.
The Nursing & Midwifery Council of Nigeria (NMCN) had in a letter dated December 17, 2018, to the former MD/Medical Director, FNH, Dr. Jojo Ownukwe after an inspection of the School of Post Basic Psychiatric Nursing, recommended for reposting of the plaintiff out of the school for lack of professional qualification to teach in the school.
The letter with ref. NMCN/S&A/SOPB/VOL. I/69 is titled “report of the advisory visit to the school of post Basic Psychiatric Nursing, Federal Neuropsychiatric Hospital, Enugu, Enugu State 21st – 23rd November, 2018.”
NMCN stated in that letter that “the Vice Principal Academics (plaintiff) is singly qualified as a Registered Psychiatric Nurse. He does not have registration as General Nurse and educator with Nursing and Midwifery Council of Nigeria. His practicing license and original certificates were not cited by the team.”
But the plaintiff in his suit sought for “a declaration that by the express provisions and combined effects of section 8, 11, and 12 of the Nursing and Midwifery Registration Act, CAP No. 143 LFN 2004, the plaintiff is qualified to be registered as a General Nurse and Nurse Educator with NMCN.
“A declaration that having acquired various professional and academic degrees in general nursing and education, he is qualified to practice and be registered as a general nurse and nurse educator with the NMCN.”
An Enugu State High Court has sentenced Dr. Ngozi Unaogu, Acting Chief Medical Director of the Federal Neuropsychiatric Hospital, Enugu, and Dr. Ubochi, Head of Clinical Services, to prison for contempt of court.
The ruling was delivered by Justice Ngozi Orji on Monday.
The contempt proceedings were initiated by Dr. Afam Ndu, suspended Principal of the School of Basic Mental Health Nursing at the hospital, following a 2020 court judgment that awarded him N2.5 million in damages and issued a perpetual injunction restraining the defendants from questioning his qualifications.
Meanwhile, SaharaReporters gathered that the same judgement is still a subject of litigation as it is being contested at the Court of Appeal in Enugu.
Justice Ebele Mabel Egumbge of the High Court of Enugu State had in 2020, ruled in favour of the plaintiff, Dr. Afam Ndu in suit No. E712017, where the court awarded Dr. Ndu N2.5 million in damages and issued a perpetual injunction restraining the defendants, including Dr. Unaogu and Dr. Ubochi, from questioning his qualifications.
The defendants following the directives of the Federal Government through the ministry of Health constituted a committee to investigate the same qualifications against the court order.
However, ruling on the contempt proceeding on Monday, Justice Orji held that the Defendants were in breach of the order of the court.
Consequently, she ordered that the defendants, Dr. Unaogu and Ubochi should remain at the Correctional Service until they purge themselves of the obedience to the court judgement.
Also in her ruling, the court found that both the Acting Medical Director and the Head of Clinical Services disobeyed the court order when the first contempnor, the Acting Medical Director, Dr. Ngozi Unaogu, constituted a senior staff committee headed by herself to further scrutinise the NYSC discharge certificate of Dr. Afam Ndu which was a directive emanating from the office of the Federal Minister of Health and Social Welfare.
The court in delivering the ruling, held that the constitution of the senior staff committee by the Acting Medical Director was a fragrant disobedience to court order.
Consequently, the court committed the duo to prison and ordered that they be so detained until there is an absolute obedience to the court order as contained in the judgment delivered.
It should be recalled that Mr. Ndu had sued the Registrar, Nursing & Midwifery Council of Nigeria (NMCN) before the State High Court.
In the suit he had sought for an order of the court to compel the NMCN to register him with the Council as a general nurse and nurse educator having possess PGD & Masters degrees in Education.
Other defendants in the suit No. E/120/2019 were Mrs Ifele Onuchukwu, Ndagi Alhassan, Dr. Jojo Onwukwe and Dr. Andrew Orovwigho.
The Plaintiff (Ndu) in a separate suit, sued four Medical Doctors; Dr. Ubochi V.N, Dr. Unaogu N.N, Dr. Acho J.U and Dr. Ugwuonye O.K with Neuropsychiatric Hospital for libel.
He had said that the defendants allegedly petitioned against him to the Minister of State for Health alleging that he (plaintiff) did not possess requisite qualifications to be employed as a Nurse Tutor position in the School of Psychiatric and Mental Health Nursing of FNHE.
The Nursing & Midwifery Council of Nigeria (NMCN) had in a letter dated December 17, 2018, to the former MD/Medical Director, FNH, Dr. Jojo Ownukwe after an inspection of the School of Post Basic Psychiatric Nursing, recommended for reposting of the plaintiff out of the school for lack of professional qualification to teach in the school.
The letter with ref. NMCN/S&A/SOPB/VOL. I/69 is titled “report of the advisory visit to the school of post Basic Psychiatric Nursing, Federal Neuropsychiatric Hospital, Enugu, Enugu State 21st – 23rd November, 2018.”
NMCN stated in that letter that “the Vice Principal Academics (plaintiff) is singly qualified as a Registered Psychiatric Nurse. He does not have registration as General Nurse and educator with Nursing and Midwifery Council of Nigeria. His practicing license and original certificates were not cited by the team.”
But the plaintiff in his suit sought for “a declaration that by the express provisions and combined effects of section 8, 11, and 12 of the Nursing and Midwifery Registration Act, CAP No. 143 LFN 2004, the plaintiff is qualified to be registered as a General Nurse and Nurse Educator with NMCN.
“A declaration that having acquired various professional and academic degrees in general nursing and education, he is qualified to practice and be registered as a general nurse and nurse educator with the NMCN.”
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