Aggrieved Nigerian nurses have dragged Nursing and Midwifery Council of Nigeria , the Minister of Health and others to court over a new circular indirectly requiring them to put in two years of active practice in the country before applying for verification of certificates.
Nursing and Midwifery Council of Nigeria, NMCN had on February 7, 2024, issued a circular revising the guidelines for requesting verification of certificates for nurses and midwives.
In the new circular, the council stated that applicants seeking verification of certificates from foreign nursing boards and councils must possess two years of post-qualification experience from the date of issuance of the permanent practicing license.
The new guidelines came into force on March 1, 2024. As a result of this, nurses in Abuja and Lagos protested to demand the reversal of the new guidelines.
However, some dissatisfied nurses on behalf of their colleagues dragged the Registrar, Nursing and Midwifery Council Nigeria; Nursing and Midwifery Council of Nigeria; Coordinating Minister of Health and Social Welfare; Federal Ministry of Health and Attorney General of the Federation before the National Industrial court sitting in Abuja.
The complaints in the suit marked: NICN/ABJ/ 76/2024, are Desmond Aigbe; Kelvin Ossai; Catherine Olatunji-Kuyoro; Tamunoibi Berry; Osemwengie Osagie; Abiola Olaniyan; Idowu Olabode, and Olumide Olurankinse.
They are urging the court to restrain the defendants or their agents from implementing the NMCN circular pending the determination of the suit.
The nurses also urged the court to suspend the commencement of the new guidelines.
They stated in part, on their 42 paragraphs supporting affidavit that foreign countries like USA, UK, Australia Canada , New Zealand etc,have their respective nursing Board/ Council equivalent of Nigeria nursing Council.
That for Nigerian licensed nurse to practice abroad the foreign Nurses Board /Council must verify all certificates from Nursing and Midwifery Council Nigeria; Nursing and Midwifery Council of Nigeria who are the1st and 2nd defendants since the 2nd defendant is the issuer and licensor of their certificates.
They further stated that without the verification their applications to the foreign Nursing Board/Council will be denied.
That verification of certificate by the 1st and 2nd Defendants is a precondition for nurses seeking further their education and practice abroad.
“That the purposes of the verification of our certificates by foreign Nursing Board/Council from the 2nd Defendant is simply to authenticate, ascertain or confirm that our certificates/licenses were indeed approved and issued by the Nursing and Midwifery Council of Nigeria and that we have passed all requisite accreditations and trainings approved by the Council.”
“That verification of certificates is not only for the purpose of emigrating abroad to practice nursing profession, but also enable citizens and Chief Executive Officer of medical institutions to scrutinize and verify the qualifications/license and good standing status of a nurse seeking to be employed or seek further trainings in medical institution in Nigeria.”
They therefore prayed the court for, “An interlocutory order restraining
suspending the commencement of the 2nd Defendant” “REVISED GUIDELINES FOR VERIFICATION OF CERTIFICATE(S) WITH THE NURSING AND MIDWIFERY COUNCIL OF NIGERIA” earlier proposed to take effect from the 7th of March, 2024 as indicated on the 2nd Defendant’s circular dated 7th February, 2024 pending the hearing and determination of the Claimants/Applicants Originating Summons in this suit.
“An interlocutory order restraining the Defendants, their Partners, parastatals, subjects, counterparts. agents, servants, privies, assigns, or whoever, acting for. with or on behalf of the Defendants from taking any further step that may hinder, restrict, or infringe on the constitutional rights and freedom of nurses and midwives in Nigeria from emigrating to the country to seek better career opportunities and training abroad.
“An interlocutory order of the court mandating the 1st & 2nd Defendants to continue to carry out verification of certificates or any documents requested by applicants, their other intending colleagues, and other members of the Nursing and Midwifery profession within 7 days from the date of such application pending the hearing and determination of the Claimants/Applicants Originating Summons.”
At the proceedings on Wednesday, counsel for the complaints, Ode Evans told the court that he had just received the preliminary objection filled by the first and second defendants some moments ago.
He pleaded with the court to adjourn the matter to enable him to reply to their applications.
Evans said,” I confirmed the receipt of the application from the first and second defendants this morning. We shall be asking for a date to enable us to file our responses. “
The judge, Justice Osatohanmwen Obaseki-Osaghae, however, adjourned the matter till May 20 for hearing.
She ordered that the hearing notice be served on the Federal Ministry of Health and the Attorney General of the Federation who had no legal representation in court.