Certain nurses within the nation have initiated legal action against the Nursing and Midwifery Council of Nigeria (NMCN) and the Minister of Health, among other parties, concerning the updated certificate verification protocols.
On February 7, 2024, the NMCN issued a circular amending the guidelines for requesting certificate verification for nurses and midwives.
According to the council’s directive, individuals seeking certificate verification from foreign nursing boards and councils must demonstrate two years of post-qualification experience from the date of receiving their permanent practicing license.
Consequently, nurses in Abuja and Lagos took to the streets to protest, demanding the reversal of the new guidelines.
However, dissatisfied nurses, representing their colleagues, filed a lawsuit against the Registrar of the Nursing and Midwifery Council of Nigeria, the Council itself, the Coordinating Minister of Health and Social Welfare, the Federal Ministry of Health, and the Attorney General of the Federation before the National Industrial Court in Abuja.
The plaintiffs in the case, identified in suit number NICN/ABJ/76/2024, include Desmond Aigbe, Kelvin Ossai, Catherine Olatunji-Kuyoro, Tamunoibi Berry, Osemwengie Osagie, Abiola Olaniyan, Idowu Olabode, and Olumide Olurankinse.
They are petitioning the court to halt the defendants or their representatives from implementing the NMCN circular until the lawsuit is resolved.
The nurses are also asking the court to suspend the commencement of the new guidelines.
In part, the reliefs sought state: “An interim injunction to suspend the enforcement of the 2nd Defendant’s ‘REVISED GUIDELINES FOR VERIFICATION OF CERTIFICATE(S) WITH THE NURSING AND MIDWIFERY COUNCIL OF NIGERIA,’ originally slated to come into effect on March 7, 2024, as indicated in the 2nd Defendant’s circular dated February 7, 2024, until the hearing and determination of the Claimants/Applicants Originating Summons in this case.
“An interim injunction to prevent the Defendants, their affiliates, agencies, counterparts, agents, employees, proxies, assignees, or any other persons acting for, with, or on behalf of the Defendants from taking any further actions that may obstruct, limit, or violate the constitutional rights and freedoms of nurses and midwives in Nigeria to migrate abroad for better career prospects and training.
“An interim order from the court directing the 1st & 2nd Defendants to continue conducting the verification of certificates or any other documents requested by applicants, their prospective colleagues, and other members of the Nursing and Midwifery profession within 7 days of such applications pending the hearing and determination of the Claimants/Applicants Originating Summons.”
During Wednesday’s proceedings, the complainants’ counsel, Ode Evans, informed the court that he had just received the preliminary objection filed by the first and second defendants a short while ago. He requested an adjournment to allow him to respond to their submissions.
Evans stated, “I have acknowledged receipt of the application from the first and second defendants earlier today. We will request a date to allow us to submit our responses.”
However, Judge Justice Osatohanmwen Obaseki-Osaghae adjourned the case until May 20 for a hearing.
She instructed that the hearing notice be delivered to the Federal Ministry of Health and the Attorney General of the Federation, both of whom were unrepresented in court.
