IN THE NATIONAL INDUSTRIAL COURT OF NIGERIA
IN THE LOKOJA DIVISION
HOLDEN AT ABUJA.
BEFORE HIS LORDSHIP: HONOURABLE JUSTICE Z. M. BASHIR.
Dated this 26th day of January, 2018
SUIT NO: NICN/ABJ/332/2016
BETWEEN:
1. Incorporated Trustees of Association of Medical Laboratory Scientists of Nigeria (AMLSN)
2. Johnson Samuel Onnolome, (Chairman,
Association of Medical Laboratory Scientist
of Nigeria, OlabisiOnabanjo University
Teaching Hospital (OOUTH), Sagamu Chapter,
Ogun State.
3. Adebayo Salmon Adetokunbo, Secretary, Association of Medical Laboratory Scientist of Nigeria, OlabisiOnabanjo University Teaching Hospital (OOUTH), Sagamu
Chapter, Ogun State.
CLAIMANTS
AND
1. Hon. Attorney General and Commissioner for Justice, Ministry of Justice, Abeokuta, Ogun State.
2. Hon. Commissioner for Health, Ministry of Health,
Abeokuta, Ogun State.
3. Board of Management, OlabisiOnabanjo University Teaching Hospital, Sagamu, Ogun State.
4. Professor Alfred E.A. Jaiyesimi, Chief Medical Director, OlabisiOnabanjo University Teaching Hospital, Sagamu, Ogun State.
5. Dr. P.O. Adefuye. Acting Chairman, Medical Advisory Committee (CMAC), OlabisiOnabanjo University Teaching Hospital, Sagamu, Ogun State.
6. Professor P.O. Olatunji, (HOD, Haemantology/Blood Transfusion Department, OOUTH Sagamu, Ogun State.
7. Dr.Olatunbosun O. Olawale (HOD, Department of Chemical Pathology and Immunology, OlabisiOnabanjo University Teaching Hospital, Sagamu, Ogun State.
8. Mr. A.O. Otunuga (Director of Administration and Secretary to the Board, OlabisiOnabanjo University Teaching Hospital, Sagamu, Ogun State.
DEFENDANTS
Representations:
K.O.Ijatuyi for the Claimants.
A.D.Adefalawith O.O. Oduniyi for 1st to 8th Defendants.
JUDGMENT
This matter was commenced vide an originating summons dated 12th September, 2016 and filed 15th September, 2016. The originating summons is accompanied bya 34 paragraph Affidavit dated and filed on the 15th September, 2016, deposed to by one Johnson Samuel Onnolome, with 22 exhibits and a written address in support of the Originating Summons dated the 12th of September, 2016 and filed on the 15th September, 2016.
The Claimants in their originating summons presented the following questions for determination:
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, and adopted by Ogun State Government through its Bureau of Establishment and Training, Office of the Head of Service, since 2002, and later adopted by the Board of Management, OlabisiOnabanjo University Teaching Hospital (OOUTH), Sagamu in 2013, 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 Government of Ogun State (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 or not the Defendants are bound by the Scheme of Service approved by the Ogun State Government for the Cadre of Medical Laboratory Scientists that are engaged in the Public Health Institutions of the State, particularly at OlabisiOnabanjo University Teaching Hospital, Sagamu.
5.