Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
The National Industrial Court in Abuja has dismissed an application by the Federal Government seeking to stop the reinstatement of Professor Monday Igwe as the substantive Medical Director of the Federal Neuropsychiatric Hospital, Enugu. Justice E.D. Subilim, in a ruling delivered on July 9, 2026, with a certified true copy dated July 15, 2026, held that the government's application was invalid because it had not filed a proper notice of appeal.
The applicants included the Coordinating Minister of Health and Social Welfare, the Minister of State for Health, the Federal Ministry of Health and Social Welfare, the Attorney General of the Federation, the Federal Neuropsychiatric Hospital, Enugu, and its Medical Director, Dr. Ngozi Unaogu. The court had, on December 11, 2025, nullified Professor Igwe's removal and ordered his immediate reinstatement to complete his tenure. The government had asked the court to stop the reinstatement while it appealed the earlier judgment, but the court refused.
Justice Subilim ruled that the application was invalid because the government had not filed a valid appeal. "It is a settled principle of Nigerian law that an application for a stay of execution is fundamentally dependent upon the existence of a competent, valid, and subsisting appeal," the judge held. The court found that the notice of appeal attached to the application was merely an unfiled draft, bearing no registry stamp, filing date, or proof of payment of filing fees.
The judge also faulted the government for appointing Dr. Unaogu as substantive Medical Director while the case was still pending in court. "By appointing Dr. Unaogu Ngozichukwu Nneka as the substantive Medical Director while the Respondent's tenure was still running and the suit was pending, the Applicants acted in flagrant defiance of the judicial process," Justice Subilim declared. The judge further noted that delaying the enforcement of the judgment would prejudice Professor Igwe, whose tenure is due to expire in March 2027, and awarded N500,000 in damages against the government in favour of Professor Igwe.
The ruling effectively upholds the court's December 2025 judgment, which declared Professor Igwe's removal unlawful and ordered his immediate reinstatement. The court had also voided the appointment of Dr. Unaogu during the pendency of the suit. Despite the judgment, the government had failed to comply with the court's orders, prompting Professor Igwe to commence contempt proceedings in April 2026. Counsel for Professor Igwe, Michael Okorie, welcomed the ruling, saying it meant the December judgment reinstating his client remained valid and enforceable.
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