Posted on: Sat 26-03-2016

The Federal Ministry of Health and the Secretary to the Government of the Federation, Babachir Lawal may be heading for a showdown following the decision of the ministry to disregard a legal advice from the SGF against flouting a court order restraining the ministry against declaring the position of Registrar/Chief Executive Officer of Medical Laboratory Science Council of Nigeria vacant.

The SGF in letter with Ref:No.56331/IV/1046 to the Minister of Health, Professor Adewole, said: “I am directed to acknowledge the receipt of your petition dated 19th November 2015, and to inform you that since the matter is sub judice, it is the advice of the SGF that you wait for the legal process to be concluded.” The incumbent Registrar/CEO of the Council, Professor Anthony Emeribe had gone to the National Industrial Court to challenge the move by the Federal Ministry of Health via a letter dated February 19, 2016 written by the Head of Department of Hospital Services, Dr. Patience Osinubi purporting that the Minister had approved the advertisement of the Post of the Registrar/CEO of Medical Laboratory Council of Nigeria.

The Council had through its chairman, Dr. Nathaniel Shidali had on the 17th of December 2014 responded to a letter from the Ministry on the appointment of Registrar and call for advertisement, stating that “the Governing Board of the Council at its General meeting resolved that it is unable to accede to the directive as contained in the letter on the basis that to act on same, contravenes the clear provisions of Section 23 of the MLSCN Act.”

This Act provides that the Minister may give to the Council directions of general character or relating generally to particular matter(but not to any individual person or case) with regard to the exercise by the Council of its functions and the Council shall comply with the direction. “It is clear that this letter is directing on a particular case and thus the Honourable Minister is acting ultra vires,” said Shidali.

The former Minister of Health, Prof. Onyebuchi Chukwu had in a letter stated clearly that he could not dictate to the board whether or not to renew the tenure of the Registrar as enshrined in Section 5 of the MLSCN Act. The Act states that “the Board shall appoint a Registrar for the Council who shall be the Chief Executive and Secretary to the Council.”

Interestingly, even as the SGF has directed that the status quo in the Council which regulates Medical Laboratory Practice and establishment in Nigeria remain, the National Industrial Court granted an Order of Interim Injunction directing the defendants “by themselves, officers, agents, privies; and any other person whatsoever from interfering with the claimants appointment by the 2nd defendants Registrar/Chief Executive of the 2nd Defendant pending the hearing and determination of the claimants Motion on Notice for Interlocutory Injunction”

The court also ordered that “the defendants/respondents in this case are herein restrained by themselves, agents ,privies or any person acting on their behalf or on their instruction from interfering with the claimant/applicants employment, status, position and privileges as the Registrar, Chief Executive Officer of the 2ndDefendant or in any way filling the said position pending the hearing and determination of the Motion on Notice dated the 23rd of February but filed on the 24th of February 2016.”
On his part, Professor Emeribe who was the Vice Chancellor of the University of Calabar before his appointment as Registrar/Chief Executive Officer of MLSCN had sought and was “granted audience with the Minister on Friday February 19, 2015 “during which the Minister assured that he would study the MLSCN and the Federal School of Medical Laboratory Technology files before taking a decision based on the rule of law.”

It was however shocking that minutes after the audience with the Health Minister, a letter signed by the Ministry’s Head Department of Hospital Services, was sent out, stating that approval from the Minister had been granted that the position be advertised in spite of the subsisting tenured appointment which will elapse in 2018, even as there was no disciplinary process against the former Unical VC.
The same Director of Health Services had earlier written that another Director in the MLSCN, Mrs. Olufunke Omotuyi should take over the running of the place, a situation which had brought another protest from the workers.
It was gathered that Omotuyi, was only promoted to the position of Director in 2014 while one Dr. Mrs Ngozi Amobi who was confirmed as Director since 2011, was sidelined and was not given any letter based on seniority.
Officials from the Head of Service’s office frowned at this, because it contravened Civil Service Rules.
The workers Union, it was gathered, is threatening a showdown with the Ministry.
According to sources close to Professor Emeribe, the Registrar was left with no option than to approach the National Industrial Court to protect himself. The National Industrial court has also given an exparte order that Emeribe should resume official duty immediately, but the Minister has refused to issue the necessary directive to facilitate the courts Order.
While the SGF wants the status quo to be maintained pending the determination, the Ministry withdrew His official staff, drivers and orderly.
Interestingly, the issue is taking its toll on the activities of the Council as the Minister has asked Mrs Omotuyi to suspend the collaborative effort with the Lagos state Ministry of Health on the task Force on In-Vitro Diagnostic and Medical laboratory inspection in both Private and Public Hospitals.
The Minister in a letter stated: “It is pertinent to note that while the Act setting up the MLSCN empowers its members to regulate the practice of medical laboratory science, the Ministry recognises the provision of the enabling law of the medical and Dental Council of Nigeria (MDCN) which empowers its members to regulate the practice of clinical laboratory in Nigeria.”
To address the challenges posed by the apparent overlap in the functions of the MLSCN and MDCN in the regulation of laboratory practice, the Federal Ministry of Health has been advocating for the institutionalisation of a joint Monitoring and Accreditation Team from the two stakeholders professional bodies.

---

---