Court rejects FG’s bid to halt Enugu hospital chief’s reinstatement

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The National Industrial Court in Abuja has dismissed an application by the Federal Government seeking to stay the execution of its judgment reinstating Prof. Monday Igwe as the substantive Medical Director of the Federal Neuropsychiatric Hospital, Enugu.

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Justice E.D. Subilim in Suit No. NICN/ABJ/23M/2026, in a ruling delivered on July 9 and certified on July 15, held that there was no competent appeal before the Court of Appeal to justify granting a stay of execution.

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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 Dr. Ngozi Unaogu.

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The court had, on December 11, 2025, nullified Igwe’s removal and ordered his immediate reinstatement to complete his tenure as the hospital’s substantive Medical Director.

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Dissatisfied with the judgment, the applicants asked the court to stay its execution pending the determination of an appeal.

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However, Justice Subilim held that the application was incompetent because the applicants had not filed a valid notice of appeal.

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“It is a settled principle of Nigerian adjectival law that an application for a stay of execution is fundamentally ancillary to, and dependent upon, the existence of a competent, valid, and subsisting appeal.

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“Where there is no competent appeal pending before the appellate court, an application for a stay of execution cannot stand; it is incompetent and must be dismissed,” the judge said.

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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.

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“An inspection of Exhibit A reveals that it is completely blank of any registry filing stamp, date, registration number, or proof of payment of filing fees. It is a mere unfiled office draft,” the judge stated.

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Justice Subilim also held that because the matter was civil in nature, the applicants required the leave of the Court of Appeal before filing a competent appeal.

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The judge further faulted the appointment of Dr Unaogu as substantive Medical Director while the suit was still pending, describing the action as “flagrant defiance of the judicial process.”

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“An application for leave to appeal is not an appeal; it is merely an application indicating an intention to appeal if leave is granted,” he added.

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The court also ruled that delaying the enforcement of the judgment would prejudice Igwe, whose tenure is due to expire in March 2027.

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Counsel for Igwe, Michael Okorie, welcomed the ruling, saying it meant the December 11, 2025, judgment reinstating his client remained valid and enforceable.

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