By: Joseph A. Adudu, February 23, 2023
The Association of Medical Laboratory scientists of Nigeria (AMLSN) has dragged the Federal Ministry of Health and the Registrar and Chief Executive Officer of Medical Laboratory science Council of Nigeria (MLSCN) Dr. Tosan Erhabor to the National Industrial Court for alleged attempt to violate the provision of the law to renew the appointment of the latter.
The matter in suit No: NICN/ABJ/40/2023 is between AMLSN, Prof. James Damen (President of AMSLN), Prof. Musa A. Muibi (National Secretary of AMSLN) (Plaintiffs/Claimants) and Attorney General of the Federation, the Federal Ministry of Health, the Honourable Minister of State for Health, the Medical Laboratory science Council of Nigeria (MLSCN), Dr. Tosan Erharbor as 1st to 5th Defendants.
The Plaintiffs approached the court by way of Originating Summons seeking the interpretation of Medical Laboratory science Council of Nigeria Act, 2003.
Some of the questions raised by the Plaintiffs through their Counsel, Maiyaki Theodore Bala SAN are; whether by the combined effect of the provisions of sections 3(2) and 5 of the Medical Laboratory science Council of Nigeria Act, 2003, the 1st , 2nd and 3rd are not statutory mandated to constitute a Governing Board for the 4th Defendant for the purpose of appointing a Registrar of the 4th Defendant?
Wether by virtue of the clear provisions of section 3(2) and 5 of the Medical Laboratory science Council of Nigeria Act, 2003, the 1st, 2nd and 3rd Defendants can review the appointment or appoint the 5th Defendant as the Registrar of the 4th Defendant without the constitution of the Governing Board of the 4th Defendant as required by the Act? And
whether by virtue of section 5(1) of the Medical Laboratory science Council of Nigeria Act, 2003, the 1st, 2nd and 3rd Defendant can usurp the power of the Governing Board of the 4th Defendant in the appointment of Registrar for the 4th Defendant?
Consequently, the reliefs sought from the court by the Claimants are as follows:
A declaration that the 1st, 2nd and 3rd Defendants are statutorily mandated in consultation with the Claimants to constitute a Governing Board for the 4th Defendant for the purpose of appointing the Registrar of the 4th Defendant.
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| Hon. Justice Benedict Kanyip, President Industrial Court of Nigeria |
A declaration that the 1st, 2nd and 3rd Defendants whether jointly or severally, whether by themselves, their servant, agents, privies, or any other capacity whatsoever cannot renew the appointment or appoint the 5th Defendant as the Registrar of the 4th Defendant without the constitution of the Governing Board of the 4th Defendant as required by the Medical Laboratory science Council of Nigeria Act, 2003.
A declaration that the 1st, 2nd and Defendants whether jointly or severally, whether by themselves, their servant, agents, privies or any other capacity whatsoever cannot usurp the power of the Governing Board of the 4th Defendant in the appointment of a Registrar for the 4th Defendant.
An Order of mandatory injunction compelling the 1st, 2nd and 3rd Defendant hereof jointly or severally, whether by themselves, their servant, agents, privies or any other capacity whatsoever from appointing the 5th Defendant or any other person as the Registrar of the 4th Defendant without due compliance with the provisions of the Act.
African Drum learnt this litigation was triggered by letter written to the Honourable Minister of State, Federal Ministry of Health by the 5th Defendant (Dr. Tosan Erharbor) dated January 30, 2023 requesting for renewal of his appointment as Registrar, MLSCN for a second and final term.
This publication further learnt that in its reply dated February 10, 2023, the Federal Ministry of Health through Dr. Salma Ibrahim Anas, Director, Department of Hospital Services who signed the letter for the Permanent Secretary of the Ministry, informed the Registrar of a visitation panel constituted by the Honourable Minister of State to assess his performance in the last four years as Registrar.
The letter further gave the membership of the visitation panel as Dr. Salma Ibrahim Anas Head and Director DHS, Mr. Hassan Sallau DHRM, Dr. Anuma O. N Director/Head, R&PS, Dr. Kingsley Odiabara, Director/Head, MLS, Dr. David Atuwo, Director/STA, HMSH, Dr. Baba Ahmed STA, HMSH, Mr. Ebri E. E DD, R&PS (Head Secretariat) and Dr. Janet Agba DD, MLS (Secretariat).
The above development was said to have prompted the AMLSN to briefed and retained the services of T. B Maiyaki SAN who wrote and petitioned the Honourable Minister of State demanding that he discontinued any further action or step in pursuance of the Registrar's request for the renewal of his tenure.
Counsel drew the attention of Minister of State to particularly, provision of section 5 of the constitutive Act establishing the Council which clearly places the power to appoint the Registrar of the Council exclusively at the bosom of the Board without donating any role or responsibility to the Ministry or even the Honourable Minister as the case may be.
Counsel was categorical to the Honourable Minister of State that a prognosis of all correspondence mentioned above and actions so far taken by the Ministry and the Honourable Minister of State seemed to point to the direction of march towards the equanimity to violate the sacred provisions of the Act establishing the Council.
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| National industrial Court |
He was also clear to Honourable Minister of State that provisions of the said Act cannot be circumvented under any guise as it is inviolate and immutable irrespective of the strong sentiment of the Ministry or Minister to take steps in that direction as it cannot give what it does not have.
Counsel equally informed the Honourable Minister of State the number of steps taken by his client to draw the attention of the ministry to the shenanigans of the Registrar for his proclivity in urging and pushing the ministry to embark on and continue the unlawful approach for his reappointment and to resist his cocky and garrulous obsession for power at all cost to no avail.
The learned Silk further stated that the constitution of the Board charged with the responsibility to appoint the Registrar of the Council was being awaited as the recommendation has been made and forwarded to the President for his approval and announcement.
He stressed that while that was being awaited, the power of the Board cannot be usurped by the ministry by whatever colour or shade.
It's obvious that the inability of the Honourable Minister of State to concur with the demands of the AMLSN or his act in defiance prompted the legal action.
African Drum is also in possession of a notification letter addressed to the Permanent Secretary Federal Ministry of Health confirming the first appointment of Dr. Tosan Erharbor as Registrar of MLSCN on August 19, 2019.
A paragraph in the said letter which was signed by then Chairman, Governing Board of MLSCN, Prof. Muhammad Yalwa Gwarzo, reads: "The appointment is effective from 9th June, 2019 and is for a period of four (4) years at first instance, it is renewable once only based on performance.
"The renewal shall be at the discretion of the Governing Board".
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