NMA STRIKE ,THE HEALTH SECTOR AND THE
NIGERIAN STATE!
Since the 19th of December all Medical Doctors
in Nigeria under Nigeria Medical Association
have down tools for no cogent reason. They
have refused to attend to the patients they took
oath to care for. NMA had hidden under the
guise that they went on strike as a result of
total decay of infrastructure in the hospital, all
in a bid to misinform the general public. The
big question is Why is NMA on strike when they
are under obligation to serve and care for the
patients?
In a latter dated 20th November ,2013
addressed to the Honourable Minister of Health
Captioned 'Re-Circular on Skipping of Conhess
10 and Presidential Committee Report' with
reference number NMA/PRE/SG/011/0688
signed by Dr Osahon Enabulele and his
secretary which was copied to the Nigerian
National Assembly,Secretary to Federal
Government,Head of Service of the Federation
and many others, NMA as a body had
threatened the Minister that if they implement
the circular from the Head of Service, that the
Court order in favour of Joint Health Sector
Union(JOHESU),made up of all Unions of Health
worker outside doctors, as it affects the issue
of skipping should be effected and that the
earlier circular from the head of Service is a
nullity saying no skipping. In the said letter
NMA had also agitated that Doctors who are
consultants should start on COMESS 3 which is
a Super Director cadre. They gave an ultimatum
to expire on the 14th of december 2013. She
went on to tell her members to down tool, any
where the Judgment in favour of JOHESU is
implemented. On the 19th of December 2013
NMA started a nationwide strike. Now what is
Skipping?Is the accusation by NMA tenable in
the Light of truth?NMA went further to say that
JOHESU members are more favoured in the
health sector to their detriment,is this true?In
line with the Nigerian Scheme of Service for
one to be eligible for appointment you must
have requisite qualification as exemplified in
the Scheme of Service. The Scheme of service
for all JOHESU Members provide that after level
10 you move to level 12 there is no level 11.It
should be noted that Under General Olusegun
Obasanjo the Federal Govenment had placed all
Nigerian Worker under one salary structure but
Medical Doctors said no way and agitated for
COMESS structure for themselves. Under the
late President Musa Yaradua, they had their way
after negotiating with the Government, they
through the principle of collective bargaining
accepted COMESS Structure. Members of
JOHESU also negotiated and got CONHESS
structure for them -selves. Latter NMA in her
usual bid started the PULL HIM DOWN (PHD)
campaign of calumny against JOHESU and her
members. They accused JOHESU and her
members of SKIPPING when in the actual sense
there was nothing like that. NMA in a bid to
strangulate the health sector threatened all
Chief executives of Government Hospitals, this
made them in their Committee of C.M.D and
MD to take a decision on the matter.
Government was coerced to bring out a circular
stopping,JOHESU members from Moving from
level 10 to level 12 as stipulated in the Scheme
of Service.
JOHESU challenged the action of the
Government in Court and the Court ruled in
favour of JOHESU that the circular stopping
JOHESU members from moving from level 10 to
level 12 is a nullity and issues of collective
bargaining is a right and not a privilege. Since
the judgment, NMA and her members have
been threatening sulphur and brimstone. In
fact Some members of NMA under Medical and
Dental Consultants of Nigeria have gone to
court challenging the Court Judgment that they
were not part ab nitio. They are accusing the
Court/Government that they were not consulted
before such salary was approved For JOHESU
members. NMA and her members have
forgotten that one denominator common to her
and JOHESU members is that they all are
employees of the Government that all have the
power of collective bargaining.
It should be noted that before 1985
Pharmacist,Doctors and Medical Laboratory
Scientist etc were on the same grade level with
different steps. Today an Intern Doctor who is
a house officers starts on level 10, note after
his Youth service he starts on level 12. A baby
Physician starts on level 12 as full time
employment. If he is able to acquire the
postgraduate diploma of any Post Graduate
College within the next 3- 5 years he moves to
level 15.Note that all these while he is on full
pay by the Government. What it means is that
within the next 5-10 years that a doctor starts
work if he has a postgraduate diploma in
Medicine he can get to the zenith of his carrier
within that short time. Within the next few
years at least five years after, he can even
become an MD. While it will take other health
workers from the time he starts work to
become a principal, 6-9 years to become a
level 12 officer. It will take him at least 24
years to get to the Zenth of his carrier. If you
adopt NMA prayer for JOHESU members it will
take you about 27 years to get to the zenth of
your carrier. What this means is that for any
JOHESU member who has put in at least 10-15
years in service. A baby Doctor who starts work
today in the next few years will overtake him
despite his years of service. The big question is
who is then disadvantaged in the health
sector.?
From the foregoing Certain questions arise, Is
JOHESU members really skipping? The truth of
the matter is that the use of the word skipping
is a misnomer the movement from 10-12 is
not skipping because that is what is provided in
the scheme of service. Skipping is when you
move from 8-10 without passing through 9 that
is provided for in the Scheme. Doctors move
from 10-12 why have they not called that
skipping?It is not called skipping because that
is what is provided for in their scheme of
Service. So is the movement of JOHESU
members from 10-12.
The action of NMA and her members to down
tools because of Court Judgment in favour of
JOHESU shows how lawless NMA can be. It
shows that they are not interested in promoting
Government Goals and interest of the Patient
which they swore an oath to protect. The action
of NMA is in contempt against NIC judgment.
This is blackmail against the Nigerian state.
Again NMA cannot resort to self help on a
matter that her members have already
instituted a court case on. In the words of Niki
Tobi JCA (as he then was) 'When a party has put
himself under the umbrella of a Court of
Competent Jurisdiction even if it takes time to
hear the case or to decide the matter,the
parties involved cannot resort to self help,they
must not jump the gun,they must wait until the
case is decided' As such the action of NMA and
her members is ultra vires.
Furthermore,in line with the trade unions Act
any union that is not registered as a trade
union is illegal. NMA is not a registered trade
union as such it is illegal for them to have
gone on strike. It is gross misconduct for them
to have abandoned their duty post. The erudite
Journalist Fejiro Oliver,was absolutely right
when he tagged his article -'NMA JEALOUCY
STRIKE', this strike was uncalled for. The Health
Ministry/Minister must be firm to tell NMA that
their actions are illegal and that it is a violation
of the Public Service Rule. NMA should be told
the truth that their action is brazen lawless
against the Nigerian State and the Nigerian
People,because their action is a violation of
labour laws. Nigerian masses must say no this
unfortunate action. NMA is turning the health
sector towards the line of destruction. All
Nigerian masses must rise to this injustice
against the state. Allopathic medical
Imperialism must be defeated .Dr Osahaon
Enabulele must be called to order and the
Nigerian Government must be firm to stop this
impunity against the state. The action of NMA
is highly prejudicial which is a violation of the
code of conduct for public officer as stipulated
in the 1999 constitution as amended. The
Nigerian Government must act now before this
hydra - headed monster of impunity against the
state goes of hand. NMA should stop being an
enemy of progress. We must join hands with
the likes of the Comrade Governor his
excellency
Comrade Adams Oshiomole the Executive
Governor of Edo State to condemn NMA for
their unethical action against the state.
Ajufo,B C Is A Medical Laboratory Scientist/
Expert on Holistic Medical System.