An Enugu-based lawyer and rights activist, Ikechukwu Maximus Ugwuoke has sued the Nigerian Medical Association (NMA) over alleged defamation of character by the association.

The suit numbered E/1109 2023, which is currently pending at Enugu State High Court, has seven Defendants listed including the Incorporated Trustees of the Nigerian Medical Association (NMA), Dr. Uche Rowland Ojinmah, President of Nigerian Medical Association (NMA) against himself and representing NMA, as defendants.

Others joined in the suit are “Dr. Osahon Enabulele, Chairman, NMA Disciplinary Committee, against himself and representing the members of NMA Disciplinary Committee; Dr. Paschal Chime (Purported Coordinator NMA Enugu West Zone); Dr. Uzoma Ossai (Purported Secretary, NMA Enugu West Zone); 6th Defendant, Dr. Sunday Okafor, Secretary, NMA, Enugu State and Dr. Celestine Ugwuoke, Chairman, NMA, Enugu State, representing the Executive Members of NMA Enugu State.”

The writ of summons shows that the suit was filed on December 20, 2023.

Meanwhile, the lawyer as the sole Plaintiff, sought among other reliefs: “A DECLARATION that the Plaintiff being a legal practitioner in Nigeria has a duty to accept briefs and instructions from his clients and to carry out the instructions in a professional manner without let, blackmail, castigation, intimidation, hindrance, victimization, vituperation, or hindrance in any form by the Defendants or any person whosever.

“A DECLARATION that the Plaintiff was duly briefed and mobilized by his client Dr Victor Nnaemeka Nnamchi, a medical practitioner in Nigeria to commence a suit against Care Taker Committee of NMA Enugu West Zone and the purported excos that emerged in a kangaroo election conducted by the committee for the zone, which suit the plaintiff duly prepared and filed with his client’s name Dr Victor Nnaemeka N as suit No HAGB/26/2022 at Enugu State High Court Agbani Judicial Division, in the exercise of his professional duty as a Legal Practitioner in Nigeria.

“A DECLARATION that identity of the plaintiff’s client Dr Victor Nnaemeka N has never been in doubt nor raised as an issue before the Agbani High Court where the said suit HAGB/26/2022 was filed nor questioned before the Plaintiff as his counsel by any of the Defendants in the said suit or any of the Defendants in this suit as not being one and same person as Dr Victor Nnaemeka Nnamchi.

“A DECLARATION that the write-up and publication made by the 4th and 5th Defendants on or about 4th November 2023 tagged ‘ATTENTION NMA ENUGU WEST ZONE’ inferring that the Plaintiff was engaged by Dr Chibuzo Ndiokwelu and co, to fraudulently file a suit Suit No HAGB/26/2022 using an unknown and a nonexistent name Dr Victor Nnaemeka N and that Dr Chibuzo Ndiokwelu along with his gang funded the suit directly from NMA Enugu West account with a total of N250,000.000 paid to the Plaintiff on same day November 24th that the suit was filed and served, was false damages the reputation of the Plaintiff and therefore defamatory.

“A DECLARATION that the findings made by the 3rd Defendant to the NEC meeting of the 1st Defendant held from 10th November 2023 to 17th November 2023, presided by the 2nd Defendant wherein the 3rd Defendant stated that the name Dr Nnaemeka Victor N which was used to drag NMA before Enugu State High Court is a pseudo name which led to the 3rd Defendant’s recommendation adopted by the 1st Defendant that ‘all lawyers involved in this case’ (obviously referring to the plaintiff) should be reported to Nigeria Bar Association (NBA) and the Nigerian Legal Counsel, for professional investigation and discipline, impinges on the image and reputation of the plaintiff and therefore defamatory against the Person of the Plaintiff.

“AN ORDER of the Honorable Court compelling the Defendants jointly or severally to pay the Plaintiff the sum of N1,000,000,000.00 (One Billion Naira) as damages in compensation for defamation, mental stress and psychological injuries occasioned to the Plaintiff by Defendant’s defamatory actions in this case.”

Narrating the facts of the case in his Statement of Claim, the Plaintiff stated that as a result of the fame, reputation, integrity and good image he had built over the years, he maintained a long-standing professional relationship amongst different associations of medical practitioners in Nigeria.

“That on 19th November 2022, he was duly briefed and mobilized by Dr Victor Nnaemaka Nnamchi, a medical practitioner in Nigeria to file a suit for him and other persons that elected the excos of his Zonal NMA, the Enugu West Zone against Care Taker Committee of NMA Enugu West Zone and the purported excos that emerged in a kangaroo election conducted by the committee for the zone.

“That in the discharge of his professional duty as a Legal Practitioner in Nigeria he accepted the said brief and issued the client a Schedule of his fees based on his agreement with his Client. That his said Client proceeded to fulfill his own side of the obligation by making 50% cash deposit of the agreed fees which the Plaintiff duly receipted. And the Plaintiff proceeded to file the said suit at Agbani Division of the Enugu State High Court seized with the jurisdiction over the case in Suit No: HAGB/26/2022.

“That the identity of his said client Dr Victor Nnaemeka N. has never been in doubt or being an issue as it was never questioned before the Agbani High Court where the said suit HAGB/26/2022 was filed nor questioned before the Plaintiff as his counsel by any of the Defendants in the said suit and in this suit as being one and same person as Dr Victor Nnaemeka Nnamchi.

“That to his greatest shock his attention was drawn to a write-up and publication made by the 4th and 5th Defendants on or about 4th November 2023 tagged “ATTENTION NMA ENUGU WEST ZONE.”

In the said write-up, the Defendant allegedly inferred and alleged that the Plaintiff was engaged by Dr. Chibuzo Ndiokwelu and Co. to fraudulently file Suit No: HAGB/26/2022 using an unknown and a non-existent name – Dr. Victor Nnaemeka N – and that Dr. Chibuzo Ndiokwelu along with his collaborators funded the suit directly from NMA Enugu West account with a total of N250,000.000 paid to the Plaintiff on the same day, November 24th that the suit was filed and served.

The Plaintiff described the allegation of the Defendants as false, stating that he was never briefed by the said Dr. Chibuzo Ndiokwelu to file the said suit, and was never paid any money in respect of the suit by the said Dr. Chibuzo Ndiokwelu.

“These false allegations of the said Defendants portrayed the Plaintiff as being ‘fraudulent’ without any justification, damages the reputation of the Plaintiff and is therefore defamatory,” it said.

Meanwhile, the Plaintiff, in a statement on Sunday, revealed that in a related suit he was handling for some doctors that were earmarked for witch-hunt by the Association through its Disciplinary Committee, despite securing a valid court order and serving the same to the Defendants that directed all parties to maintain status quo pending the determination of a motion on notice, the order was violated.

According to him, Dr. Uche Ojinma-led NMA President proceeded to entertain the subject matter of the suit and suspended his clients from the Association at its last NEC meeting held from December 10 – 17, 2023.

“There is no better demonstration of brazen lawlessness and lack of respect to the Rule of Law than this,” the lawyer said.

He revealed that he had initiated contempt proceedings against the President of the Association and all those involved in the alleged violation of the Court Order, asserting that nobody is above the law.

He said that one day, the current leadership of NMA shall have their day in Court to account for their actions.

Meanwhile, SaharaReporters states that no date has been fixed for both cases.

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