IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: NICN/ABJ/………..,./2016
BETWEEN:
1. Incorporated Trustess
of Association of Medical Laboratory
Scientists of Nigeria (AMLSN)
2. MLS Lawal Nathaniel Amos (Chairman,
Association of Medical Laboratory
Scientists of Nigeria,
Federal Medical Centre, Lokoja Chapter, Claimants
Kogi State).
3. MLS Obajemu Samuel (Secretary,
Association of Medical Laboratory
Scientists of Nigeria,
Federal Medical Centre, Lokoja Chapter,
Kogi State).
AND
1. Honourable Attorney General of the Federation,
and Minister of Justice,
Federal Ministry of Justice,
Abuja.
2. Honourable Minister of Health,
Federal Ministry of Health,
Abuja.
Defendants
3. Board of Management,
Federal Medical Centre, Lokoja,
Kogi State.
4. Dr. Olatunde Alabi
(Acting Chief Medical Director,
Federal Medical Centre, Lokoja,
Kogi State).
5. Dr. Taiwo Jones
(Acting head of Clinical
Services, Federal Medical Centre, Lokoja,
Kogi State).
6. Mr. Stephen Famolu Defendants
(Acting Head, Department of
Administration,
Federal Medical Centre, Lokoja,
Kogi State).
ORIGINATING SUMMONS
BROUGHT UNDER SECTIONS 6 & 254 OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED), SECTIONS 7, 12(2) (a) AND 13 OF THE NATIONAL INDUSTRIAL COURT ACT, 2006, ORDERS 3 RULE 5 AND 26 RULE 13 OF THE NATIONAL INDUSTRIAL COURT RULES, 2007, PRACTICE DIRECTION 2012, NATIONAL INDUSTRIAL COURT OF NIGERIA AND UNDER THE INHERENT JURISDICTION OF THE HONOURABLE COURT
LET ALL the Defendants named above, within 30 days after the service of this Summons on them, inclusive of the day of such service, cause an appearance to be entered for them to this Summons which, is issued upon the application of the Claimants for the determination of the following questions; namely:-
1. Whether under the clear provisions of the Medical Laboratory Science Council of Nigeria Act No 11 of 2003 (An Act that regulates the profession of the Claimants wherever they are engaged at both Federal and State Tertiary Health Institutions in Nigeria), a person who is not a member of the profession is entitled to practice the profession.
2. Whether having regard to the said Act No 11 of 2003 and the Scheme of Service made pursuant thereto by the Federal Government for Medical Laboratory Scientists, Pathologists of whatever grade, who are not members of the Claimants’ profession, can practice the said profession either directly or through a scheme of Control, Supervision, Management or Approval of the professional work of a Medical Laboratory Scientist.
3. Whether having regard to the provisions of Act No 11 of 2003 and/or the Scheme of Service approved by the Federal Government (made pursuant thereto) for their cadre, Medical Laboratory Scientists in the employment of the 3rd Defendant, are not entitled to autonomy of practice within the field of their competencies and trainings as a distinct professional group.
4. Whether having regard to the clear decisions of this Honourable in relation to questions 1 to 3 above in the following cases, which are in favour of the Claimants Professional Group; namely;-
A. SUIT NO: NICN/ABJ/128/2012- ASSOC1ATION OF MEDICAL LABORATORY SCIENTISTS OF NIGERIA & TWO OTHERS V. HON. ATTORNEY GENERAL OF THE FEDERATION AND MINISTER OF JUSTICE & FIVE OTHERS-JUDGEMENT DELIVERED IN FAVOUR OF MEDICAL LABORATORY SCIENTISTS ON 23RD OCT, 2013.
B. SUIT NO: NICN/JOS/8/2O14-ASOCIATION OF MEDICAL LABORATORY SCIENTISTS OF NIGERIA & THREE OTHERS V. JOS UNIVERSITY TEACHING HOSPITAL & TITREE OTHERSJUDGEMENT DELIVERED IN FAVOUR OF MEDICAL LABORATORY SCIENTISTS ON 5TH OCT., 2015.
C. SUIT NO: NICN/ABJ/284/2014-NIGERIA UNION OF PHARMACISTS, MEDICAL TECHNOLOGISTS AND PROFESSIONALS ALLIED TO MEDICINE & ANOR V. OBAFEMI AWOLOWO UNIVERSITY TEACHING HOSPITALS COMPLEX MANAGEMENT BOARD & SIX OTHERS - JUDGEMENT DELIVERED IN FAVOUR OF MEDICAL LABORATORY SCIENTIST ON 27TH JAN., 2016.
D. SUIT NO NICN/ABJ/285/2O14-INCORPORATED TRUSTEES OF THE ASSOCIATION ON MEDICAL LABORATORY SCIENTISTS NIGERIA & TWO OTHERS V. HON ATTORNEY GENERAL OF THE FEDERATION AND MINISTER OF JUSTICE & SEVEN OTHERS-JUDGMENT DELIVERED IN FAVOUR OF MEDICAL LABORATORY SCIENTISTS ON 9TH JUNE, 2016,
They (Claimants), are entitled to professional autonomy and separate Department at the Federal Medical Centre, Lokoja, Kogi State
IF THE ABOVE QUESTIONS are resolved in favour of the Claimants, they (Claimants) will consequently seek the following reliefs, jointly and severally, from the Defendants: -
1. A Declaration that by virtue of the Medical Laboratory Science Council of Nigeria Act No 11 of 2003, only persons qualified and fully registered as Medical Laboratory Scientists can practice the profession in any Public Health Institution in Nigeria (including Federal Medical Centre, Lokoja Kogi State) subject only to the provision of Section 22 (2) of the said Act.
2. A Declaration that by virtue of the Scheme of Service approved by the Federal Government for the cadre of the Medical Laboratory Scientists, responsibility for the supervision, management and control of the Medical Laboratory Department is placed on the Director, Medical Laboratory Services or the most Senior Medical Laboratory Scientist in the said Department.
3. A Declaration that Medical Laboratory Scientists employed in the Service of the Defendants (Particularly 3rd Defendant) are by virtue of the said Act No 11 of 2003 and/or the Scheme of Service approved by the Federal Government for their cadre, entitled to autonomy of practice within their field of competence and in their own separate Department as distinct professionals.
4. A Declaration that Pathologists of whatever grade in the employment of the Defendants at the Federal Medical Centre, Lokoja, Kogi State, who are not registered Medical Laboratory Scientists, are not entitled to practice the profession of the Claimants in any manner, design or disguise whatsoever as presently being done by the 3rd to 6th Defendants.
5. An order setting aside all decisions taken by the Defendants (especially 3rd in 6th Defendants) which are contrary to the provisions of the Scheme of Service approved by the Federal Government for Medical Laboratory Scientists as they relate to their professional competencies.
6. Injunction Restraining the Defendants (especially 3rd to 6th Defendants) from eroding or undermining the autonomy of practice by Medical Laboratory Scientists either by permitting Non-Medical Laboratory Scientists to intermeddle in the practice of Medical Laboratory Science or by imposing supervisory control of non-Scientists on Medical Laboratory Scientists in the Hospital.
7. A Declaration that all the four clear decisions of this Honourable Court relating to all the issues raised in this suit are binding on the Defendant, especially 3rd to 6th Defendants.
Dated this …… day of November 2016
…………………………K. O. IJATUYI ESQ
K.O. IJATUYI & CO
No 1 Aya Okolo Street,
Off Dennis Osadebe Way,
Asaba, Delta State.
08037264058
_____________
JUDGE
This Summons was taken out by K. O. IJATUYI ESQ of K. O. IJATUYI & CO, Legal Practitioners, No 1, Aya Okolo Street, Off Dennis Osadebe Way, Asaba, Delta State, for the above named Claimants.
The Defendants may appear hereunto by entering appearance personally or by a legal practitioner either by filing the appropriate processes in response at the Registry of the Court where the summons was issued or by sending them to that office by any methods allowed by these Rules.
Note: If the Defendant does not respond within the time at the place above mentioned, such orders will be made and proceedings may be taken as the Judge may think just and expedient.
ADDRESSES FOR SERVICE ON THE DEFENDANTS
1. Honourable Attorney General of the Federation,
and Minister of Justice,
Federal Ministry of Justice,
Abuja.
2. Honourable Minister of Health,
Federal Ministry of Health,
Abuja.
3. Board of Management,
Federal Medical Centre, Lokoja,
Kogi State.
4. Dr. Olatunde Alabi
(Acting Chief Medical Director,
Federal Medical Centre, Lokoja,
Kogi State).
5. Dr. Taiwo Jones
(Acting head of Clinical
Services, Federal Medical Centre, Lokoja,
Kogi State).
6. Mr. Stephen Famolu
(Acting Head, Department of
Administration,
Federal Medical Centre, Lokoja,
Kogi State)
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