An Abuja doctor, Dr. Kenenna Obiatuegwu, has hired a Senior Advocate of Nigeria, Chief Emmanuel Esene, to help him appeal a court decision that refused him compensation after his suspension by the Nigerian Medical Association was overturned.
Dr. Obiatuegwu is now seeking N200 million in damages, claiming the suspension harmed his reputation and livelihood.
Earlier in July, Justice Charles Agbaza of the Federal Capital Territory High Court ruled that Dr. Obiatuegwu’s suspension from the NMA was “null and void” because it disregarded court proceedings.
However, the judge declined to order compensation, arguing there was not enough evidence showing the doctor suffered financially or personally from the suspension.
Dr. Obiatuegwu disagreed with the decision and has taken his case to the Court of Appeal. His lawyer, Chief Esene, argued, “The lower court found in its judgment that the act of suspending the appellant from his medical practice amounted to self-help by the NMA. Damages should have been awarded as the suspension directly impacted his career.”
The appeal argues that the lower court erred by not compensating Dr. Obiatuegwu, especially as the suspension prevented him from working in his profession for nearly four years—from September 2020 until July 2024, when the suspension was lifted. Esene stressed that the trial court’s judgment was based on unlawful actions by the NMA, which should lead to compensation.
Dr. Obiatuegwu first filed a suit against the NMA in 2020, challenging what he described as “constitutional flaws” that restricted the participation of most medical practitioners in the NMA’s leadership elections, even though they paid their dues. He also argued that the NMA’s rules should not override the Nigerian Constitution, which protects members’ rights to seek justice in court.
During the case, the NMA’s National Executive Council suspended him, publishing a communiqué labeling Dr. Obiatuegwu as “unruly and undisciplined.” The publication caused him significant embarrassment, according to his legal team.
Now seeking to overturn part of the previous judgment, Esene is asking the appellate court to grant Dr. Obiatuegwu the N200 million in damages he initially sought.
