Court orders govts to create dept for medical scientists

The National Industrial Court (NIC) has ordered the Federal and state governments to create a separate department and give free hand to Medical Laboratory Scientists to practice their profession, in health facilities across the country.

Specifically, the court gave the management of Jos University Teaching Hospital (JUTH) 30 days to comply with the ruling or be sent to prison.

Giving the order in two separate ruling on Friday in Abuja, Justice Nkechi Esewe,

frowned at the situation where the Medical Laboratory Scientists are not given a separate department and are being headed by a medical doctor.

A similar judgement had been given by the same court in 2013, but some hospitals have refused to obey the ruling; which prompted the Medical Laboratory Scientists to go back to the court for the interpretation of its rulings.

While delivering the first judgement in a case between Medical Laboratory Scientists and the management of JUTH, Justice Esewe, noted that the court could have  taken the JUTH management straight to prison but that it considered their status in the society and the adverse effect it will have on the general public.

The court, however, warned that  it would be forced to take the  JUTH management to prison if at the expiration of the 30 days, it failed to implement  the pronouncement of the court.

In another case between the Medical Laboratory Scientists and five other hospitals, Justice Esewe emphasized that the Medical Laboratory Scientists should be allowed to discharged their duties freely as a distinct department without being directed by a medical doctor.

The five hospitals, who were respondents in the case include the Federal Teaching Hospital, Abakalike;  University of Nigeria Teaching Hospital, Ituku-Ozala;  Nnamdi Azikiwe Teaching Hospital Nnewi, National Othodepedic Hospita, Enugu and Parklin Hospital Enugu.

The counsel to the applicant, Oguchukwu Nwogu, who spoke with journalists after the ruling said: “In 2013, the court made several orders which border on the right of the applicant to the effect that they should be accorded their due respect as separate profession  in the health sector of the federation but some hospitals looked at it with non-challant attitude that it does not concern them.

“That is what  prompted us to approach this court to interpret its judgment whether it affect indeed all the hospitals owned by the federal government. The court has affirmed its position once more that, that judgment of 2013 cuts across all the health sector and affects all the hospitals owned by the Federal Government.

“We will wait to see what the respondent in this matter will do. If they do not do what is expected of them, we will know the next step to take.”

Also, the immediate past President of the  Association of Medical Laboratory Scientists of Nigeria, Godswil Okara, said the pronouncement of the court  is a vindication of the position of the association.

He said: “We have severally urged the federal ministry of health and the management of various teaching hospitals and Federal Medical Centres to obey the court and allow the rule of law and due process to prevail so that the health sector will serve the people for which it has been set up.”

Okara called on the Minister of Health, Professor Isaac Adewole to exercise the authority  of the Federal Ministry of Health and call all those hospitals to order to ensure that the judgment of the court is obey and enforced to the latter.

He said the judgement  is applicable to both the federal and states health institutions, noting that Parklin Hospital, owned by Enugu State Government is part of the hospitals in the suit.

He said: “The judgement has clearly and unambiguously mentioned that they are bound by the laws of Nigeria. We don’t have different laws. Professional law is on the exclusive list. No state Assembly is allowed to enact professional laws.

“To that extent, the judgement affects all states ministries of health, all federal government hospitals, whether they are teaching, medical centres, or research oriented.  This is the position of the law.”