Controversial circular: Nigerian nurses drag NMCN, Registrar to court

The Nursing and Midwifery Council of Nigeria, or NMCN, has been sued by Nigerian nurses over its recent circular asking international nursing boards or councils to verify the credentials of nurses and midwives.

Dr. Faruk Umar Abubakar, the Registrar/Secretary General of the NMCN, has also joined the lawsuit as a second defendant.

ZINGTIE remembers that stakeholders have been responding to Faruk’s circular dated February 7, 2024, in a variety of ways.

Among other things, the contentious circular stipulates that “Eligible applicants must have a minimum of two (2) years post qualification experience from the date of issuance of the permanent practising licence. Any application with a provisional licence shall be rejected outrightly.

“The Council shall request a letter of Good Standing from the Chief Executive Officer of the applicant’s place(s) of work and the last nursing training institution attended, and responses on these shall be addressed directly to the Registrar/CEO, Nursing and Midwifery Council of Nigeria. Please note that the Council shall not accept such letter(s) through the applicant.”

Angry nurses have now petitioned a Federal High Court located in Enugu, acting through the Incorporated Trustees of University Graduates of Nursing Science Association, to obtain a legal interpretation of Faruk’s action.

The lawsuit was filed under the case number FHC/E/CS/22/2024 by Barr Chijioke Ezeh, the plaintiffs’ attorney.

The plaintiffs are requesting “a declaration that by the widest construction of the Nursing and Midwifery Registration Act ‘CAP N 143 L.F.N 2004) and other relevant extant applicable Laws, the 2nd defendant have no right whatsoever to issue or sign any circular and (or) directives in the exclusion and negation of the Board of Nursing and Midwifery Council of Nigeria, Board of which was ipso facto dissolved by the President of Federal Republic of Nigeria on 19th June, 2023.

“A declaration that by the widest construction of the Nursing and Midwifery Registration Act ‘CAP N 143 L.F.N 2004). Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and other relevant extant applicable Laws, ALL DIRECTIVES as contained in the purported circular of Guidelines dated 7th February, 2024 as issued and signed by the 2nd defendant are unlawful, draconian, uncharitable, inconsiderate and unkind consequent upon which they are declared null, void and of no effect.

“An order compelling the 2nd defendant to open up and keep opened the portal of 1 defendant, rescind and cancel forthwith ALL such DIRECTIVES as contained in the purported circular of Guidelines dated 7th February, 2024 same being unlawful, null, void and of no effect.

“An order of perpetual injunction restraining the 2nd defendant from further signing or issuance of any other directives, instructions or circular in contradiction of the general intendments of Nursing and Midwifery Registration Act ‘CAP N 143 L.F.N 2004), Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and other relevant extant applicable Laws binding the operations of Nursing and Midwifery Council of Nigeria.”

As a result, the nurses are pleading with the court “to grant a general and aggravated damages of five million Naira (N5,000,000.00) only for strictures and discomfitures.”

The suit hearing has yet to be scheduled.

Speaking to reporters in Enugu on Sunday, Ezeh claimed that his clients had filed a lawsuit against Faruk for allegedly committing acts of arbitrariness and impunity, “wherein, acting under the auspices of his office, he has been issuing circulars that are repugnant to the tenets of his office and repugnant to the extant law that established the NMCN.

“We are saying that allowing that is making nurses in Nigeria to be subservient to the doctors, because those who are employers of nurses are mostly medical doctors.

“It is subservient for another profession to issue a letter of good standing; can’t the Nursing and Midwifery Council issue a letter of good standing for their own, why do it in such a manner that another profession will issue such letter?

“In one of the circulars, Farouk also said that no nurse will leave the shores of Nigeria without complying with certain prescribed rules; we are saying no, that the constitution is the grundnorm; the circular is an infringement on the right to freedom of association as guaranteed by the constitution.”

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