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The National Industrial Court in Abuja has turned down a request from the Federal Government to halt the implementation of its ruling that restored Prof. Monday Igwe as the official Medical Director of the Federal Neuropsychiatric Hospital, Enugu.

Justice E.D. Subilim in Case No. NICN/ABJ/23M/2026, in a decision issued on July 9 and confirmed on July 15, ruled that there was no valid appeal before the Court of Appeal to warrant granting a suspension of execution.

The candidates comprised 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 in Enugu, and Dr. Ngozi Unaogu.

On December 11, 2025, the court annulled Igwe’s dismissal and directed his immediate return to his position to finish his term as the hospital’s official Medical Director.

Unhappy with the ruling, the applicants requested the court to halt its implementation until the appeal is resolved.

However, Justice Subilim stated that the application was not admissible since the applicants had not submitted a proper appeal notice.

It is a well-established rule in Nigerian adjective law that a request for a stay of execution is essentially secondary to, and relies on, the presence of a valid, effective, and ongoing appeal.

“Without a valid appeal currently before the appellate court, a request for a stay of execution is not permissible and must be rejected,” the judge stated.

The court determined that the appeal notice included with the application was simply an unfilled draft, lacking a registry stamp, submission date, or evidence of payment for filing charges.

“An examination of Exhibit A shows that it has no registry filing stamp, date, registration number, or evidence of payment of filing fees. It is simply an unfilled office draft,” the judge said.

Justice Subilim also stated that since the case was of a civil nature, the applicants needed the permission of the Court of Appeal before submitting a valid appeal.

The judge also criticized the selection of Dr. Unaogu as the permanent Medical Director while the case was still ongoing, calling the move “a clear violation of the legal procedures.”

“A request for permission to appeal is not an actual appeal; it is simply a proposal showing the desire to appeal if permission is given,” he added.

The court further decided that postponing the implementation of the ruling would harm Igwe, as his term is set to end in March 2027.

The lawyer representing Igwe, Michael Okorie, expressed approval of the decision, stating that it confirmed the validity and enforceability of the December 11, 2025, ruling that restored his client’s status.

Provided by SyndiGate Media Inc.Syndigate.info).