Aggrieved Nigerian nurses under the auspices of Incorporated Trustees of University Graduates of Nursing Science Association, have dragged Nursing and Midwifery Council of Nigeria, NMCN before a Federal High Court sitting in Enugu over the latter’s circular.
Also joined in the suit as 2nd defendant is the Registrar/Secretary General of NMCN, Dr. Faruk Umar Abubakar.
The circular issued by Faruk on February 7, 2024, which has been roundly rejected by Nurses and some other Nigerians states that Nurses that wishes to travel outside the country must among other things, “have a minimum of two (2) years post qualification experience from the date of issuance of the permanent practicing license. Any application with a provisional license shall be rejected outrightly.
“The Council shall request a letter of Good Standing from the Chief Executive Officer of the applicant’s place(s) of work and the last nursing training institution attended, and responses on these shall be addressed directly to the Registrar/CEO, Nursing and Midwifery Council of Nigeria. Please note that the Council shall not accept such letter(s) through the applicant.”
However, the nurses through their lawyer, Barr. Chijioke Ezeh, said the content of the circular is “tantamount to making the nurses to be subservient to other professionals in the health sector” and wondered why the NMCN shouldn’t be the one issuing the letter of good standing.
Barr. Ezeh further argued that the provision of the circular which attempts to control the movement of the nurses “is an infringement of the right to freedom of association as guaranteed under chapter four of the 1999 constitution.
Ezeh said his clients in suit No FHC/E/CS/22/2024, is also seeking a judicial interpretation of Faruk’s action and are seeking “a declaration that by the widest construction of the Nursing and Midwifery Registration Act ‘CAP N 143 L.F.N 2004) and other relevant extant applicable Laws, the 2nd defendant have no right whatsoever to issue or sign any circular and (or) directives in the exclusion and negation of the Board of Nursing and Midwifery Council of Nigeria, Board of which was ipso facto dissolved by the President of Federal Republic of Nigeria on 19th June, 2023.
“A declaration that by the widest construction of the Nursing and Midwifery Registration Act ‘CAP N 143 L.F.N 2004). Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and other relevant extant applicable Laws, ALL DIRECTIVES as contained in the purported circular of Guidelines dated 7th February, 2024 as issued and signed by the 2nd defendant are unlawful, draconian, uncharitable, inconsiderate and unkind consequent upon which they are declared null, void and of no effect.
“An order compelling the 2nd defendant to open up and keep opened the portal of 1 defendant, rescind and cancel forthwith ALL such DIRECTIVES as contained in the purported circular of Guidelines dated 7th February, 2024 same being unlawful, null, void and of no effect.
“An order of perpetual injunction restraining the 2nd defendant from further signing or issuance of any other directives, instructions or circular in contradiction of the general intendments of Nursing and Midwifery Registration Act ‘CAP N 143 L.F.N 2004), Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and other relevant extant applicable Laws binding the operations of Nursing and Midwifery Council of Nigeria.”
The nurses are consequently praying the court “to grant a general and aggravated damages of five million Naira (N5,000,000.00) only for strictures and discomfitures.”
