Japa: Council, Nurses Begin Legal Battle Over New Certification Guidelines

Some Nurses in the country have sued the Nursing and Midwifery Council of Nigeria, and the Minister of Health among others over the new certificate verification guidelines.

The NMCN had on February 7, 2024, issued a circular revising the guidelines for requesting verification of certificates for nurses and midwives.

The council stated, among others, 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 practising licence.

The new guidelines came into force on March 1, 2024.

But nurses and midwives, under the aegis of the National Association of Nigeria Nurses and Midwives, expressed concern that the NMCN’s revised guidelines for certificate verification were targeted at preventing them from going abroad in search of greener pastures.

They are particularly uncomfortable with the provision in the guidelines that a nurse seeking NMCN certification must have a minimum of two years post-qualification experience.

They are also opposed to the requirement that a nurse applying for NMCN’s certification must obtain a letter of good standing from the Chief Executive Officer of their place of work and the last training institution attended while the processing of application shall take a minimum of six months.

As a result of this, nurses in Abuja and Lagos protested to demand the reversal of the new guidelines.

Pushing their demands forward, some dissatisfied nurses on behalf of their colleagues dragged the Registrar, NMCN; the Coordinating Minister of Health and Social Welfare; Federal Ministry of Health; and the Attorney General of the Federation before the National Industrial Court in Abuja.

The complainants 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 and 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 want “an interlocutory order suspending the commencement of the 2nd defendant’s 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.”

They also want “an interlocutory order restraining the defendants, their partners, parastatals, subjects, counterparts and agents 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.”

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.

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.”

Justice Osatohanmwen Obaseki-Osaghae 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.