RE: SETTING UP OF SEPARATE MEDICAL LABORATORY SERVICES DEPARTMENT IN THE PUBLIC HEALTH SECTOR OF THE FEDERAL REPUBLIC OF NIGERIA: THE COURT RULINGS - NMA DECEITS AND THE FACTS.
It is quite absurd that the Nigeria Medical Association (NMA) and their cohorts have continued in their penchant for deceiving the Nigerian people and their inordinate scom for the Nigeria Judiciary. Typically, the NMA, on June 13th 2018, issued a misleading Press Release with the caption: "SETTING UP OF SEPARATE SETTING UP OF SEPARATE MEDICAL LABORATORY SCIENCE DEPARTMENT NOT ENFORCEABLE IN OUR HOSITTALS- COURT OF APPEAL".
Rightly, on the 4th day of June, 2018, the Court of Appeal, Abuja Division, ruled on the contempt of court proceedings initiated against Professor Edmund Banwat (CMD, JUTH) and Mr, Ali Bitrus (Director of Administration, JUTH). The judgment delivered by the court of appeal on 4th June, 2018, arose from the appeal filed against the ruling on contempt of court proceedings, delivered on 17th February, 2017 by the NICN in Suit No: NICN/ABJ/97M/2016.
Whereas, the Court of appeal in its judgment of 4/6/2018, ruled that since the court order was not served on the CMD and the DA, the contempt process was defective. The court never averred as claimed by the NMA that Chief Medical Directors / Medical Directors are under any legal obligation to set up the Department of Medical Laboratory Science. Equally, the Appeal Court neither made reference to the existence of Pathology Laboratory in our hospitals nor their headship by pathologists. Obviously, the NMA does not appear to know the difference between the Department of Medical Laboratory Science and a Department of Medical Laboratory Service.
Till date, no Nigerian Court has set aside any of the judgments in favour of the body of Nigerian Medical laboratory Scientists working in different Public Health Institutions in Nigeria. Therefore, it should be known that the above decision of the Court of Appeal, Abuja Division, has to do only with the contempt of court proceedings against Professor Edmund Banwat (CMD, JUTH) and Mr. Ali Bitrus (DA, IUTH), period! Conversely, the main judgment against the Management of JUTH in favour of the Medical laboratory Scientists, in suit No: NICN/JOS/8/2014, which was delivered on 5th October, 2015 subsisted.
Whenever and wherever Medical Laboratory Scientists are employed to work in the public health sector of the Federal Republic of Nigeria, they are very committed, and willing as true professionals under law to operate the Medical Laboratory Services departments and to collaborate with other health professionals (including Doctors/Pathologists) towards an efficient public health delivery to the Nigerian Citizens!
AMLSN is tunaware of any law of the Federation and/or extant schemes of service duly approved by the National Council on Establishment (NCE) that subordinates medical laboratory scientists to pathologists as being dishonestly advocated and unlawfully implied by NMA. The euphoria exhibited by NMA over judgment of 4/6/2018 is incongruous. AMLSN have irrevocable confidence in the Nigeria as the last hope for Justice and equity.
Ifeanyichukwu Casmir Ifeanyi Cajetan. Ph.D.
National Publicity Secretary
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