Stakeholders have urged the Federal Government to review the appointment of the acting Medical Director of the Federal Neuropsychiatric Hospital, Enugu, Dr Ngozi Unaogu, following her conviction for flagrant disobedience to a court order.
They said that fresh determination of Dr Unaogu's position would end the three- year old crisis rocking the health facility, with the active involvement of the hospital boss.
The stakeholders said that Unaogu as an ex- convict can no longer preside over the affairs of the Neuropsychiatric Hospital, citing the case of a former Attorney General of Edo State, Dr Obayiuwana, under Senator Adams Oshiohmole, then as governor as an example.
The Enugu High Court, presided over by Justice Ngozi Oji, convicted Dr Unaogu,. alongside the Director of Clinical Services of the hospital, Dr Vincent Ubochi, last week for contempt of court and ordered their remand in prison, until they purged themselves of the contempt, through total obedience to a court judgement on December 10, 2021, by another female judge, Justice Ebele Mabel Egunmgbe.
A court order as defined by Black's Law Dictionary is a written instruction or directive given by a court or judge. It can also, be the court's mandate or decision regarding a subsidiary or collateral matter that arises in a case, not ruling on the matter but deciding a preliminary issue or prescribing a course of action.
Justice Egumgbe had in her judgement granted a perpetual injunction against the hospital management and restrained them from further scrutinising the credentials of the applicant, Dr. Afam Ndu, after he was cleared by the Federal Ministry of Health of any wrongdoing.
The plaintiff, Ndu, a suspended Principal of the hospital’s School of Mental and Basic Psychiatric Nursing, had filed the suit against the contemptnor.
The suit followed the allegations of rape, murder and possession of fake certificates against the plaintiff by the contemptnor, alongside two other doctors. Unhappy with the accusations, Ndu approached the court in 2017 seeking for redress, and N20 million damages.
The court later awarded N2.5 million cost against Dr. Unaogu, Dr Ubochi and two other doctors working with the hospital after proving that their allegations against Ndu were false and defamatory.
The court, among other things, ordered the defendants to retract the defamatory publication in a national Newspaper within 30 days with effect from the day of the judgment on the case, December 10, 2021.
The defendants were further restrained from further publishing of the defamatory allegations against the plaintiff, but the judgment was however challenged at the Court of Appeal, which upheld the decision of the trial court on January 24, 2024.
However, despite the court order, both contemptnor: the Medical Director and the Head of Clinical Services went ahead to constitute another senior staff committee headed by her to further scrutinise Ndu’s NYSC discharge certificate, claiming it was a directive emanating from the office of the Federal Minister of Health and Social Welfare.
But, the court in delivering the judgment last Monday, held that the constitution of the senior staff committee by the Medical Director was a flagrant disregard of the courts order and therefore, sentenced the duo to prison.
Justice Oji, further held that the two doctors should be remanded in prison custody until they purged themselves of all contempt by obeying the court order contained in the judgment delivered on December 10, 2021.
However, reacting to the conviction of Dr Unaogu, a spokesman for the stakeholders, Chief James Idoko, told reporters weekend, that the acting medical director, having been convicted by a competent court, can no longer preside over the affairs of the hospital "as an ex-vonvict."
Citing the case of the former Attorney General of Edo State, Dr Obayiuwana among others who lost their exalted positions after their convictions for various infractions of the law, Idoko said, "The civil service rule is clear on the issue of civil or public servants who are convicted for criminal offences in any court of law, be it customary, magistrate or high courts and the appellate courts.
"We have not had peace in the Federal Neuropsychiatric Hospital, Enugu since the emergence of Dr Ngozi Unaogu in the scene in the hospital. Even her appointment as acting director did not follow due process. Those who imposed Dr Unaogu on this hospital should remove her now that a high court has made her ineligible for this high office by her conviction for contempt. She is now an ex- convict," he said.
An Enugu - based lawyer, Ray Nnaji, had earlier cried out against the alleged imposition of Dr Unaogu as acting medical director, noting that she was not qualified for the position, having failed the test conducted by the Federal Ministry of Health for eligible applicants, later last year.