Controversial circular: Nigerian nurses drag NMCN, Registrar to court

Nigerian nurses have taken legal action against the Nursing and Midwifery Council of Nigeria (NMCN) regarding its recent directive requiring verification of certificates for nurses and midwives by foreign nursing boards or councils. The Registrar/Secretary General of NMCN, Dr. Faruk Umar Abubakar, is named as the second defendant in the lawsuit. This move follows a circular issued by Faruk on February 7, 2024, which has stirred varied reactions.

The contentious circular mandates that eligible applicants must possess at least two years of post-qualification experience from the date of receiving their permanent practicing license. Applications with provisional licenses will be outrightly rejected. Additionally, the Council demands a letter of Good Standing from the applicant’s current workplace and last nursing training institution, with responses directed solely to the Registrar/CEO, Nursing and Midwifery Council of Nigeria. The Council explicitly states it will not accept such letters from the applicants themselves.

Under the umbrella of the Incorporated Trustees of University Graduates of Nursing Science Association, aggrieved nurses have approached the Federal High Court in Enugu for a legal interpretation of Faruk’s actions. The lawsuit, numbered FHC/E/CS/22/2024, has been filed by the plaintiffs’ counsel, Barr Chijioke Ezeh.

The plaintiffs seek a declaration that Faruk, as the second defendant, lacks the authority to issue circulars or directives that contravene the Board of Nursing and Midwifery Council of Nigeria, especially considering the dissolution of said board by the President of Nigeria on June 19, 2023. They also demand the nullification of all directives contained in Faruk’s circular, labeling them as unlawful and void. Additionally, they request the court to compel the second defendant to rescind and cancel all directives, as well as to issue a perpetual injunction against him from issuing further contradictory directives.

Furthermore, the nurses are requesting five million Naira in damages for the distress caused by these actions. No hearing date has been scheduled yet. Meanwhile, Ezeh has emphasized that his clients resorted to legal action due to perceived acts of impunity and arbitrariness by Faruk, which they believe undermine the established laws governing the NMCN and infringe upon nurses’ rights. They particularly highlight concerns about the circular’s impact on nurses’ independence from medical doctors and its potential violation of constitutional rights to freedom of association.