An Enugu Sstate-based legal practitioner, Ikechukwu Maximus Ugwuoke has dragged to court the National Association of Resident Doctors of Nigeria (NARD) for their inability to keep to agreement terms.

The writ for summary judgment filed at the Enugu State High Court in Suit No. E/767/2017 borders on what Ugwuoke claimed was deliberate refusal, failure and neglect of the doctors to keep to terms of their agreement with his law firm.

He claimed in the suit that he was at the moment handling over 11 cases involving the association.

The suit has the said lawyer as plaintiff carrying on legal practice in the name and style of El-Maximus Ugwuoke & Co, Hakuna Matata Chambers.

Defendants in the suit include NARD, sued through Dr. Ugochukwu Chinaka, the President; and Dr. O. V. Nnadi, the Secretary; as the first and second defendants respectively, while Dr. Onyebueze John Ugochukwu and Dr. Aneke Emmanuel, the Immediate Past President and Immediate Past Secretary of the Association were listed as the third and fourth defendants respectively.

In the said suit, the lawyer is seeking an Order of Court compelling the defendants to pay him N18,450,000 only “being the outstanding legal fee which the defendants are owing the plaintiff’s law firm for the 11 cases they were briefed to handle for the defendants pursuant to Clause 5(ii) the Memorandum of Understanding between the said law firm and the association.”

Ugwuoke told journalists that he had discharged his obligation under Clause 5 (ii) of the said MoU, which entitles his firm to the fees.

According to him: “Under Clause 5 (ii) of our MoU, the association is under obligation to pay us our fees upon filing of their cases or entering of defence for them as the case may be.

“We have fulfilled that requirement and had written series of demand letters to the association notifying them of our intention to file action against them, but the association has neither replied any of our letters nor deemed it proper to even communicate us in any manner.

“We even wrote a formal complaint to the Nigerian Medical Association as the umbrella body of doctors in Nigeria over the same issue. The last communication we had from our clients, National Association of Resident Doctors was during the regime of their immediate past EXCO. The current EXCOs are either indifferent to our course or they have just chosen in their wisdom or lack of it to ignore our demands in a most despicable manner.”

Ugwuoke, who recounted his efforts and sacrifices to the success and peace the association is enjoying today in so many areas, stated that the association had been very unfair and inconsiderate to him and his legal team by abdicating their financial obligation to them.

“It is unprofessional for us to beg for our legal fees,” he said, adding “the ethics of our profession forbid it. That is why we always reach a fee agreement with clients from the onset, and agreement are meant to be obeyed.”

The lawyer said that he did not care if the association debriefed him or not as his fees were well secured under the MoU.

He stated that because of his fiduciary relationship with the association, he did not want to file any claim for damages against the association for now, but warned that “if the association continues to delay in making good their payment to them before the end of this month, they shall, in addition to this suit, file a claim of N100,000,000 general and exemplary damages against the association.”

When contacted, Chinaka, NARD President denied knowledge of the suit, even as he declined to make further comments until he was served.

On his part, his predecessor, Ugochukwu said he was aware of the suit, explaining that before he handed over, he had put a payment plan in place for the settlement of the legal fees.

The court is yet to fix date for the hearing of the matter.

Update news