22. NMA demands that Government must urgently set up a health trust fund
that will enhance the upgrading of hospitals.NMA is being sentimental here, the
problems of our hospital is not funding but mismanagement and accountability.
Even if the Government sets 100 trust funds with billions of naira much will
not come out of it, because the hospitals are managed contrary to Government
laws and principles. Hospital/health administrators should be the ones to head
and manage the hospitals. Our hospitals have been poorly managed under the
leadership of Allopathic Physicians. When there is good management and
accountability Government set goals/objectives can be actualized.
23. APPOINTMENT INTO THE OFFICE OF THE CMD/MD: NMA is always doctoring
and adding to organic laws. In her 23rd demand, NMA stated “the position of the
Chief Medical Director/Medical Director must continue to be occupied by a
medical doctor as contained in the act establishing the tertiary hospitals. This
position remains sacrosanct and untouchable.” I can beat my chest and say that
the leadership of NMA have never seen nor read the content of University
Teaching Hospitals (reconstruction of boards) cap U15, LFN 2004 commonly called
decree 10 of 1985.There is no where it stated what NMA quoted above. In fact
the term medical doctor was never used in that document or Act. Section 5 of
the act provides;
a) There
shall be for each hospital a Chief Medical Director who shall be appointed by
the president on
such terms and conditions as may be specified in his letter of
appointment or as may be determined
from time to time by the Federal
Government.
b) The
Chief Medical Director shall
i.
Be a person who is medically qualified and
registered as such for a period of not less than 12 years, and has had
considerable administrative experience in matters of health and holds a post
graduate medical qualification obtained not less than 5 years prior to the
appointment as chief medical director and
ii.
Be charged with the responsibility for the
execution of the polices and matters affecting the day to day management of the
affairs of the hospital.
In the afore-mentioned Act, there is no place it said
that the person must be a Medical Doctor. The International best practice is
that, it is not only Medical Doctors that head Hospitals rather, in most
places; it is a qualified hospital/health administrator that manages the
Hospital. If you do a search on the internet on the criteria to become a truck
driver in USA, note that you will see that it says that the person must be
medically qualified. So does being medically qualified here mean that one must
be a medical doctor to be a truck driver? The capital answer is “no”. It means
being medically fit. The term medically qualified as used in the act has been
misinterpreted to mean a holder of a certificate registrable by MEDICAL AND
DENTAL COUNCIL OF NIGERIA.(MDCN). Currently there is a case instituted in the
Federal High Court Awka by Comr. A. A Obi a distinguished Medical Laboratory
Scientist and the suit number is FHC/AWK/CS/38/2013. The suit is to interpret
the meaning of who is medically qualified as used in section 5 of the act. So
why is NMA and her members jumping the gun to go on strike on an issue before
the Court is that not subjudice? All along NMA has used acts of impunity to
undermine the rule of law. The organic law did not say the person will be a
Medical Doctor or be registrable with MDCN even though all adverts for the
posts of CMD/MD have come to illegally say so.
It is lucid that from the foregoing, certain questions
arise. Can NMA as an Association declare and call for strike, when it is not a
Trade Union? Is NMA above the law, that it can undermine the provisions of the
Constitution of the Federal Republic of Nigeria, by trampling on the code of
conduct for Public Officers as stated in the constitution? Section 2
subsections 1,2 and 3 of the Trade Union Act, states “A trade union shall not
perform any act in furtherance of the purpose for which it has been formed
unless it has been registered under this act……………..”
section 2 subsection 2 - where a trade union
registered under this act ceases to be registered, it shall not there after
perform any action in furtherance of this purpose…………….
section 2 subsection 3 - if any act which is
prohibited by section (1) or (2) of this section, is performed by a trade
union, then
(a) The Union
and every official thereof; and
(b) Any member thereof who, not being
an official thereof, took any active part in the performance of that act, shall
be guilty of an offence against this act.
NMA is not a registered Trade Union, so she cannot be
doing this, entrenching sabotage and acts of impunity against the State. Above
all, endangering the lives of the citizens, she swore on oath to protect. A
situation where NMA is going on strike as a result of these frivolous demands
is gross misconduct and acts of negligence. Section 3 of 030301( h) of the
Public Service Rule terms negligence as a misconduct.030402 (e) terms absence
from duty without leave as serious acts of misconduct. Sabotage in 030402(t) is
also stated as serious misconduct. Section 33(1) of the Nigerian Constitution
2011 as amended provides every person has a right to life and no one shall be
deprived intentionally of his life………section 172 of the same Constitution
states “A person in the Public Service of the Federation shall observe and
conform to the code of conduct of the Federation “.
The fifth
schedule part 1 code of conduct for Public Officers says:
(1) A public officer shall not put himself in a
position where his personal interest conflicts with his duties and
responsibilities.
(9) A public officer shall not do or direct to be
done, in abuse of his office, any contrary act prejudicial to the rights of any
other person or contrary to.
It is so glaring that what NMA is asking is
prejudicial and tramples on the rights of Nigerian Citizens.
24. IN her 24 demand NMA forgot that she is an employee of the
Government and it is not for her to dictate on how Optometrist or Medical
Physicist should be paid. Nigeria is not Govern by the whims and caprices of
NMA but by laws and polices made by the Government.
CONCLUSION: NMA and her members are not justified on going
on strike. The only reasonable demand is demand number 20 haba! A student who
scored one out of twenty four is not doing well at all. NMA members should know
that as workers they have duty of Fidelity, they as Civil Servants are bound to
only obey rightful orders from NMA. They also have duty of care and skill to the
patient. And above all their loyalty/allegiance is to the Nigerian state. A
situation where NMA gives her members unlawful orders undermines the rule of
law and as such, such orders cannot hold sway.
NMA has become a fifth columnists
working against the state. It is sad that NMA and her members who have
benefitted so much from the state are now turning themselves against the
Nigerian state to become the killer of the Nigerian People, instead of being
the Physician who is to be the healer of the patient and people. Nigerians must
rise and say no to this medical imperialism by using the instrumentality of the
law to stop NMA from inflicting untold hardship on her citizenry. The Federal
Government through the Ministry of Health under Prof Onyebuchi CHukwu must act
to maintain law and order, now that NMA has told the world that it is because
of some of the things She granted to JOHESU on merit, is the reason NMA is
going on strike. She should seek an injunction restraining NMA from going on
strike just as he did to JOHESU, pending the determination of the motion on
notice to know if NMA has the locus standi to go on strike when she is not a
Trade Union. JOHESU should be firm to seek a legal redress to restrain NMA in
this acts of lawlessness,if the Government does not act.There must be a total
restructuring of the Health Sector. All Nigerians from all works of life must
condemn these acts of sabotage against the State by doctors of Allopathic
Medicine under the auspices of NMA. The Nigerian Government as a matter of
urgency should support the Natural Medicine Development Agency Kofo Abayomi
Victoria Island, to reposition our Traditional Medicine to be like what is seen
in China, USA, U.K, India, Korea etc. And it should be integrated into the
mainstream Healthcare System in Nigeria.
Allopathic Monopolistic Medicine
should give way to Pluralistic Medicine. Government should create an enabling
environment for the practice of the different Medical Systems like, Functional
Medicine, Holistic Medicine, Ethnomedicine, Ayurvedic Medicine, Homeopathy,
Osteopathy etc. All over the world, no country is currently solely dependent on
one Medical System. Nigerians must say no to NMA that has become anti people.
The Nigerian Government should not allow herself to be blackmailed by NMA. She
should first and foremost challenge NMA for acts of impunity against the state.
The federal Government should take a leaf from Governor Fashola of Lagos State,
for enough is enough. The Government should also take a cue from the former
governor of Anambra state, Mr Peter Obi
As written by Benjamin Chukwunonso Ajufo
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