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"NMA Membership Not Compulsory For Physicians" - Court Rules - Health - Nairaland

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"NMA Membership Not Compulsory For Physicians" - Court Rules by Racoon(m): 8:10pm On May 14
Doctor Secures Landmark Judgment Against Nigerian Medical Association, Other As High Court Rules "Membership Not Compulsory For Physicians

Justice D.U. Okorowo of the Federal High Court in Abuja has declared in a landmark judgement that the membership of the National Medical Association is voluntary in line with section 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

In a judgement delivered on May 6, 2024, regarding a suit between Dr. Olusola Adeyelu and the Medical and Dental Council of Nigeria and The Incorporated Trustees of Nigerian Medical Association as Defendants, the court affirmed the submissions made by the plaintiff on his right to freedom of association. It also affirmed the right of Dr. Olusola Adeyelu to associate or dissociate from the Nigerian Medical Association.

The court held that under Section 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), every person shall be entitled to assemble freely and associate with other persons. The court noted the plaintiff may form or belong to any political party, trade union or any other association for the protection of his interests, adding that the membership of the Nigerian Medical Association cannot be mandatory or imposed but rather voluntary for medical doctors in Nigeria.

In 2019, Adeyelu, a Nigerian activist and specialist respiratory physician, after alleging a lack of internal democracy in the running of the affairs of the NMA, particularly as regards the indiscriminate imposition of levies he considered extortionist, wrote to the association to withdraw his membership of the body, and notify the regulatory body of medical practitioners in Nigeria, the Medical and Dental Council of Nigeria.

On September 20, 2021, SaharaReporters reported that Olusola Adeyelu had sued NMA and MDCAN over the alleged imposition of unjustifiable charges on medical practitioners. It was reported that he also sought a court order declaring NMA membership as voluntary and that he has the right to resign his membership from the association and still practise as a medical doctor.

However, in 2020, upon payment for the renewal of his practicing licence, the Medical and Dental Council of Nigeria insisted that the payment of the Nigerian Medical Association’s building levy was compulsory for all doctors in Nigeria before practising licence could be renewed and indeed made it a precondition for the mandatory renewal of the practising license for the year and without any legal justification.

The MDCAN had indirectly saddled itself with the duty to serve as a levy collection agent on behalf of the NMA, of the building levy prescribed by the NMA which formed one of the reasons Adeyelu resigned his membership from the association to stop paying such levies.

Consequent upon that, he went to court to challenge the imposition and in 2020, through his counsel, Tope Temokun, filed an action by way of originating summons before the Federal High Court Abuja in suit No FHC/ABJ/CS/1094/2020 (Dr Olusola Adeyelu Vs Medical and Dental Council Of Nigeria and Nigerian Medical Association), praying the Court, among other things, a declaration that membership of the NMA is voluntary and that neither the NMA nor the regulatory body, MDCAN could force membership or membership obligation of the NMA on him.

The suit dated and filed on September 1, 2020, was supported by a 42-paragraph Affidavit sworn and deposed to by the Plaintiff, Dr. Adeyelu. In the suit, he formulated 10 questions for the determination of the court and sought 15 reliefs, resting his case on Section 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which provides, inter alia, that: “Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests.”

[quote]Among the 15 reliefs sought are: "A DECLARATION that based on the facts and circumstances of this case, Section 14(4) of the Medical and Dental Practitioners Act Cap M8, Laws of Federation of Nigeria, 2004 (as amended), by practical application and/or implication, do rob the plaintiff of his right to freedom of association and as such, inconsistent with Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and to the extent of such inconsistency therefore, unconstitutional, null and void?

"A DECLARATION that based on the facts and circumstances of this case, the 1st defendant’s imposition of the 2nd defendant’s financial resolution and/or the 2nd defendant’s association subscription and/or the 2nd defendant’s building levies or other levies on the plaintiff is in contravention of the plaintiff’s right to freedom of association and as such, inconsistent with Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and to the extent of such inconsistency therefore, unconstitutional, null and void?

"A DECLARATION that membership of the 2nd defendant as an association registered under the Company and Allied Matters Act (CAMA) as incorporated trustees is not mandatory under the law?

"A DECLARATION that by Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the plaintiff is entitled to freely and voluntarily associate with or dissociate from the 2nd defendant?

"A DECLARATION that based on the facts and circumstances of this case, the 2nd defendant does not have the powers to impose or continue to impose or enforce its financial resolution and/or its association subscription and/or its building levies or other levies on the plaintiff?

"A DECLARATION that based on the facts and circumstances of this case, the 2nd defendant does not have the powers to impose or continue to impose or enforce its financial resolution and/or its association subscription and/or its building levies or other levies on the plaintiff having resigned his membership of the 2nd defendant?

"A DECLARATION that the 1st defendant’s statutory mandate and duty do not extend to cover the enforcement of the 2nd defendant’s financial resolutions or collecting the 2nd defendant’s building levies or any other levies on behalf of the 2nd defendant?

"A DECLARATION that based on the facts and circumstances of this case the 1st defendant’s imposition of the 2nd defendant’s financial resolution on the plaintiff and/or collection of the 2nd defendant’s association subscription and/or the 2nd defendant’s building levies or other levies on behalf of the 2nd defendant is ultra vires the 1st defendant and as such illegal?

"A DECLARATION that the 1st defendant does not have the powers to impose or continue to impose or enforce the 2nd defendant’s financial resolution and/or 2nd defendant’s association subscription and/or 2nd defendant’s building levies or other levies on the plaintiff.

"A DECLARATION that the 1st defendant does not have the powers to impose or continue to impose or enforce the 2nd defendant’s financial resolution and/or 2nd defendant’s association subscription and/or 2nd defendant’s building levies or other levies on the plaintiff having resigned his membership of the 2nd defendant?

"AN ORDER of perpetual injunction restraining the 2nd defendant henceforth from further imposing on the plaintiff its membership and/or its membership obligations and/or its subscription and/or its building levies or other levies, either directly or through the 1st defendant.

"AN ORDER of perpetual injunction restraining the 1st defendant from further subjecting the plaintiff to the 2nd defendant’s membership and/or mandatory payment of the 2nd defendant’s association subscription and/or the 2nd defendant’s building levies or other levies before recognizing or according to the plaintiff his rights and privileges as a medical practitioner in Nigeria.

"AN ORDER of perpetual injunction restraining the 1st defendant from further remitting to the 2nd defendant 70% of the plaintiff’s mandatory annual practicing fees having ceased to be a member of the 2nd defendant.

"AN ORDER of mandatory injunction directing and/or mandating the 1st defendant to henceforth, within one month of the payment of the plaintiff’s annual practicing fees, remit 70% of the plaintiff’s mandatory annual practicing fees to the plaintiff having ceased to be a member of the 2nd defendant."

https://saharareporters.com/2024/05/14/breaking-doctor-secures-landmark-judgment-against-nigerian-medical-association-other#google_vignette

16 Likes 3 Shares

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by Racoon(m): 8:12pm On May 14
See wahala! So there will now be freelance medical practitioner with no regulatory authority? This one nah license to kill o.

15 Likes 2 Shares

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by salin: 8:27pm On May 14
Isn't it s high time the government themselves scrap all these associations extorting people ?

9 Likes

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by hopeforcharles(m): 8:28pm On May 14
Wahala. So I fit just wear lab coat, steal or modify certificate then boom I am a doctor.

3 Likes 2 Shares

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by Wisdom272: 8:32pm On May 14
Better
Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by Reelmii: 8:33pm On May 14
Ok
Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by tuoyoojo(m): 8:34pm On May 14
This is the step in the right direction

NMA doesn't do much asides collecting dues

Every doctor forced to pay building levys is extortion
At least with this hope the indiscriminate and illegal level would stop

21 Likes 1 Share

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by Yugoslavia247(m): 8:34pm On May 14
Read to understand the comments above said NO that they will read the whole epistles from the title.
.sorry

8 Likes 2 Shares

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by phemmie06(m): 8:34pm On May 14
cry
Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by Kingzmate(m): 8:35pm On May 14
WHAT ARE PHYSICIANS cool

ABI NA SCIENCE STUDENTS

NO BE DEM INVENT COLOS cool
Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by OracleOfTheMost(m): 8:35pm On May 14
Associations wey Dey this country ehhn..
To what end exactly? Just to collect levies and what not!
Since MDCN is there
NMA should be scrapped entirely!

7 Likes

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by jmoore(m): 8:35pm On May 14
Even that SUG fees should not be compulsory.

2 Likes

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by Randal: 8:35pm On May 14
How will they be regulated?
Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by adioolayi(m): 8:36pm On May 14
Why...

How will they regulate themselves if they are not members of the same body

I do hope the court will say same of NBA.


I am not a Dr...but this judgement be one kain

2 Likes 1 Share

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by Efikman(m): 8:36pm On May 14
Good. E remain Pharmacy people. All those association Levy dey too much.

10 Likes 1 Share

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by jahsharon: 8:36pm On May 14
Okay nah
Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by Basic(m): 8:38pm On May 14
Racoon:
See wahala! So there will now be freelance medical practitioner with no regulatory authority? This one nah license to kill o.
It's better to shut up rather than run your mouth about what you know nothing about.

The MDCN (Medical and Dental Council of Nigeria) is the regulatory body in charge of licensing doctors and regulating their practice in the country. The NMA is just what it is: An association, not a regulatory body.

50 Likes 4 Shares

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by jahsharon: 8:38pm On May 14
Racoon:
See wahala! So there will now be freelance medical practitioner with no regulatory authority? This one nah license to kill o.

Read well and understand, don't just read one or two lines like your other lazy youths that don't read. The regulatory council is not the same as the association, it cannot be, but the regulatory council has allowed the association to blur the line between the two

23 Likes 2 Shares

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by freedomchild: 8:38pm On May 14
This one na doctor's matter. This case would definitely lead to the weakening of NMA as a Union which would gradually reduce there influence in the healthcare polity.

Most unions in this country serve as a means to extort people.

NMA as a body seems to be a backbone which fights and protects the rights of doctors especially from the government.

They also serve as a Union used to fight other healthcare stakeholders.

8 Likes

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by GlorifiedTunde(m): 8:39pm On May 14
😮😮
Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by Racoon(m): 8:39pm On May 14
Basic:
It's better to shut up rather than run your mouth about what you know nothing about. The MDCN (Medical and Dental Council of Nigeria) is the regulatory body in charge of licensing doctors and regulating their practice in the country. The NMA is just what it is: An association, not a regulatory body.
Do you read that one of the antagonism of the petitioner against the MDCN is the issue of a just constituting a delegate body that unilaterally determined the fate of doctors via a delegate system that does not allow for participatory association? Meanwhile, the MDCN have been imposing the illegal building levy in collaboration with the NMA.

1 Like 1 Share

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by bigdammyj: 8:40pm On May 14
Noted.
Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by samwillyco1(m): 8:40pm On May 14
NBA and others nko
Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by bigfoot79(m): 8:40pm On May 14
This would set a bad precedence
Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by jahsharon: 8:41pm On May 14
bigfoot79:
This would set a bad precedence

Definitely, you didn't read the story

4 Likes

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by Seequadry(m): 8:41pm On May 14
It is well.... So i fit sue this plastic dealers association to court for always disturbing my mum to attend there useless meetings with threat to seize her goods... I cha punch one of there uniform scout one time

1 Like

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by LaIabobo: 8:41pm On May 14
Randal:
How will they be regulated?
adioolayi:
Why...

How will they regulate themselves if they are not members of the same body

I do hope the court will say same of NBA.


I am not a Dr...but this judgement be one kain

Racoon:
See wahala! So there will now be freelance medical practitioner with no regulatory authority? This one nah license to kill o.

MDCN is the regulatory body not NMA

9 Likes

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by thesicilian: 8:43pm On May 14
NMA is an association and every Nigerian should have a freedom of who and what organisation to associate with

4 Likes

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by correctyourself(m): 8:43pm On May 14
Why is it that anything that has to do with union is always to extort money from members or the general public ?

To even join the association the form i will just type in my house and print from business centre with 200 they would ask menber to pay 10,000 grin

They would open office on people's head.

4 Likes

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by Energist: 8:44pm On May 14
Racoon:
See wahala! So there will now be freelance medical practitioner with no regulatory authority? This one nah license to kill o.

NMA is not a regulator it's just an association just like Nigerian Society of Engineers and Nigerian Institute of Architects. The regulator of the medical(doctors) profession is MDCN.

By the way, I always salute the doggedness of the Yoruba in activism. It's Firdaus Amasa who fought her way until the hijab was allowed to be donned during call to bar events.

7 Likes 1 Share

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by aieromon(m): 8:44pm On May 14
MDCN issues practicing licence. A doctor that intends to renew his annual licence should not be forced to pay association levies (building levy especially angry ) before MDCN will issue his/her licence to practice for the year.

This judgement will influence decisions of other professionals who are stifled with various forms of ridiculous levies by their professional associations.

The extortion must stop!!

13 Likes 2 Shares

Re: "NMA Membership Not Compulsory For Physicians" - Court Rules by pfadom: 8:45pm On May 14
NMA is a medical association for medical doctors and dentist, and not a regulatory body. Medical and dental council of Nigeria is a regulatory body saddled with the responsibility of issuance/revocation of licences and regulation of practices.

Nigerian Society of Engineers is next in line. They extort their members too much. COREN is enough!


Racoon:
See wahala! So there will now be freelance medical practitioner with no regulatory authority? This one nah license to kill o.

6 Likes 1 Share

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