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 letter 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 JEALOUSY 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.
By Ajufo,B C
A Medical Laboratory Scientist/Expert on Holistic Medical System
The nigerianvoice