The National Industrial Court resolves long standing dispute between The Association of Medical Laboratory Scientists of Nigeria and Olabisi University Teaching Hospital, Ogun State.
Hon. Justice Zaynab Bashir of the National Industrial Court sitting at Abuja on Friday, January 26, 2018 gave judgment in favor of The Incorporated Trustees of Association of Medical Laboratory Scientists of Nigeria over their exclusive right to practice as same in Nigeria in the case of The Incorporated Trustees of Association of Medical Laboratory Scientists of Nigeria & 2others vs. Attorney General Ogun State & 7others.
This matter was commenced vide an originating summons dated 12th September, 2016 and filed 15th September, 2016. The Claimants through their counsel K. O. Ijatuyi Esq. in their originating summons presented the following question amongst others for determination:
- 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.
More so, the Claimants sought amongst others the following reliefs jointly and severally against the Defendants:
- 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 subject only to the provision of section 22(2) of the said Act.
In response to the Originating summons, the Defendants through their counselA.D.Adefala Esq. and O.O. Oduniyi Esq. filed a 47 paragraph Counter Affidavit accompanied by a written address dated and filed on 11th May, 2017.
After reviewing the argument of the parties, and the preliminary objections raised therein, the Court Presided by Hon. Justice Z. M. Bashir, had this to say:
“Consequently, I find that the decision of this court earlier reached on the same issue and on similar facts took cognizance of all relevant laws and has not been overruled by the Appellate Courts. It is also apparent that it was not reached per incuriam, I therefore reaffirm the decisions and rely on same in reaching a decision in this matter. I hereby resolve issue two in favor of the Claimants”
Furthermore, I hold that all the reliefs sought by the Claimant are proper and therefore grant same to wit:
- 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 subject only to the provision of section 22(2) of the said Act.
- A Declaration that by virtue of the Scheme of service approved by the Ogun State 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.
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