OPEN LETTER TO HIS EXCELLENCY SEN. BOLA AHMED TINUBU,
THE PRESIDENT COMMANDER IN CHIEF OF THE ARMED FORCES OF THE FEDERAL REPUBLIC OF NIGERIA, STATE HOUSE ASO ROCK, Abuja. 4th April, 2024
YOUR EXCELLENCY,
NON COMPLIANCE WITH DUE PROCEDURE IN THE APPOINTMENTS OF THE REGISTRAR OF THE MEDICAL AND DENTAL COUNCIL OF NIGERIA (MDCN) , THE REGISTRAR AND THE CHAIRMAN FOR THE MEDICAL LABORATORY SCIENCE COUNCIL OF NIGERIA (MLSCN)
Kindly be informed of a matter of utmost importance regarding the appointments of the Registrar of the MDCN, the Registrar and the Chairman for the MLSCN. With these recent appointments, it has been confirmed that there has been a significant deviation from the established procedures as outlined in the relevant legal frameworks governing the MDCN operations as well as that of the MLSCN.
It is a well-established fact that the Chairmen of both the MDCN and MLSCN are appointed by the President of the Federal Republic of Nigeria upon the recommendation of the Minister of Health. Furthermore, it is the Council of the MDCN and Board of the MLSCN that holds the authority to appoint its Registrar’s as provided for in the Medical and Dental Practitioners (MDP) Act Cap M8 LFN 2004 and the MLSCN Act 11 2003 in the case of the MLSCN. Similarly, the MLSCN Act stipulates that only a qualified Fellow of the profession of Medical Laboratory Science and not a medical practitioner can be appointed as its Chairman.
In light of these acknowledged procedures, it is quite disappointing that the coordinating minister, the Minister for Health recent recommendations to you sir, to appoint the Registrar for the two mentioned agencies and the Chairman of the MLSCN who is not a medical laboratory scientist under his ministry is ultra vires, illegal and runs afoul of the Laws esterblishing the two agencies.
This deviation from the prescribed process not only undermines the integrity of the agencies but also threatens to disrupt the standard laid down procedures in accordance with the laws as established by parliament. We must stress that the appointment of the Registrar for the MDCN by the President of the FRN is not in compliance with Section 6 of the MDP Act, as the Registrar is neither a member of the council nor was she appointed by the Council itself. Likewise the Registrar of the MLSCN (Sections 3 (1) and 5 (1) was not appointed by its Board and that for its Chairman appointed by you excellency did not meet the criteria set out in the MLSCN Act.its therefore illegal and must be immediately reverse in line with the law.
However, it is instructive to note that the appointment of the Registrar’s of both agencies is apolitical and not of federal character but of proficiency and professional expertise, hence it is not to be used as an incentive to settle political opponents.
By the minster for health actions, he had misled you person (President, Commander-in-Chief of the Armed Forces of Nigeria, Bola Ahmed Tinubu) , to appoint the Registrar of the MDCN and that of the MLSCN and the current Chairman of the MLSCN, hence it is important to draw your attention to this enormous infraction caused by the minister, by going against established laid down procedures.
In view of these facts, we urge you sir, to take immediate action to direct the retraction of the appointments of the Registrar of the MDCN, the Registrar of the MLSCN and the Chairman of the MLSCN. It is imperative to state, that you excellency should ensure that all future appointments are made in strict adherence to the established procedures as set out in the governing laws and regulations to safeguard the santity of the law.
Consequently, failure to rectify this situation promptly may result in further legal implications and disruptions to the council’s operations.
I trust that you will give this matter your urgent attention and take the necessary steps to address this issue promptly sir.
Thank you for your prompt cooperation in this matter.
Do accept the assurances of our esteemed regards.
Yours faithfully,
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DONALD AYIBIOWU.
