THE SACK OF ABOUT 16,000 RESIDENT DOCTORS BY THE PRESIDENCY IS UNCONSTITUTIONAL,ILLEGAL,NULL AND VOID,EXCEPT THAT THE STRIKING DOCTORS APPEAR UNPATRIOTIC... There are plethora of decided cases and statutory laws which are a pointer to the fact that those who advised Mr President to sack over 16,000 striking resident doctors acted ultra vires.By virtue of the provisions of the University Teaching Hospitals(Reconstitution of Boards)Act,Cap.U15,LFN 2004,all members of the Nigeria Medical Association(NMA)s employments are protected by the Act. For instance,in the case of University of Nigeria Teaching Hospital Management Board vs. Nnoli(1994) 10 SCNJ 71, it is settled law without any dispute that the employment of such persons cannot be terminated except by due process as provided for under the S. 9 of the Act which provision clearly stipulates that medical doctors be issued with written queries and any complaints against them be tried by independent administrative committees. Resident or medical doctors are neither the appointees of the presidency nor the Minister of Health,and so cannot arbitrarily be dismissed.Although,Trade Disputes Act,Cap.T9,LFN 2004 penalizes strike actions by persons rendering essential services(including NMA members),I respectfully submit that there is at no place in the said law that any modicum of power was vested on the president to sack erring members.Even the Court of Appeal has decided in the case of Union Bank of Nigeria Ltd vs. Edet(1993) 4 NWLR(Pt.287)288,that at any time the negotiations between an employer and his employees reached a deadlock,resort could be had to a strike action by such employees,in the interests of their demands. While it is advisable that the NMA calls off the ongoing strike in the interests of the nation; legally speaking, the Presidency,and not the various Hospital Management Boards is incompetent in the eyes of the law to sack the doctors.NMA should disregard the alleged sack,but suspend their strike
Posted on: Tue, 19 Aug 2014 08:08:59 +0000
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