Honourable Coordinating Minister of Health and Social Welfare, Federal Ministry of Health, Federal Secretariat Complex,Phase III, CBD,FCT, Abuja. 4th April, 2024
Sir,
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 your recent appointment of the Registrar of the MDCN, Registrar MLSCN, 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 both agencies of Government under the Federal Ministriry of Health and Social Welfare.
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 sir, it is quite disappointing that your recent appointments of persons into these two agencies as the President of the Federal Republic of Nigeria 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 the President of the FRN did not meet the criteria set out in the MLSCN Act.
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 these anomalies we believe that as Coordinating Minister of Health and Social Welfare, you misled the President, Commander-in-Chief of the Armed Forces of Nigeria, Bola Ahmed Tinubu, in the appointment of the Registrar of the MDCN, that of the MLSCN and the current Chairman of the MLSCN, hence it is important to draw your attention to this enormous infractions against established laid down procedures.
In view of these facts sir, we urge you to take immediate action to retract the appointment of the Registrar of the MDCN, the Registrar of the MLSCN and the Chairman of the MLSCN. It is imperative to state, that you ensure that all future appointments are made in strict adherence to the established procedures as set out in the governing laws and regulations.
Consequently sir, failure to rectify this situation promptly may result in further legal implications and disruptions to the council’s operations.
DO TAKE NOTE, THAT WITHIN 14 DAYS, you retract the appointments of the Registrar of the MDCN and MLSCN and that of the Chairman of the MLSCN, else we shall explore all media inclusive of print media and social media platforms to expose the illegality and incompetence that by your actions, you have plagued these agencies with and brought it to disrepute.
TAKE FURTHER NOTICE, that at the expiration of the 14 days, we shall have no other recourse than to approach all relevant agencies and the Federal High Court to canvass for the removal of your “appointees”, following this breach.
I trust that you will give this matter your urgent attention and take the necessary steps to address this issue promptly. Let wise counsel guide you.
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
