NewStats: 3,262,818 , 8,178,253 topics. Date: Tuesday, 03 June 2025 at 05:04 PM 605e1q

Doctor Secures Landmark Judgment Against Nigerian Medical Association, Other As High Court Rules "hip Not Compulsory For Physicians

Justice D.U. Okorowo of the Federal High Court in Abuja has declared in a landmark judgement that the hip of the National Medical Association is voluntary in line with section 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

In a judgement delivered on May 6, 2024, regarding a suit between Dr. Olusola Adeyelu and the Medical and Dental Council of Nigeria and The Incorporated Trustees of Nigerian Medical Association as Defendants, the court affirmed the submissions made by the plaintiff on his right to freedom of association. It also affirmed the right of Dr. Olusola Adeyelu to associate or dissociate from the Nigerian Medical Association.

The court held that under Section 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), every person shall be entitled to assemble freely and associate with other persons. The court noted the plaintiff may form or belong to any political party, trade union or any other association for the protection of his interests, adding that the hip of the Nigerian Medical Association cannot be mandatory or imposed but rather voluntary for medical doctors in Nigeria.

In 2019, Adeyelu, a Nigerian activist and specialist respiratory physician, after alleging a lack of internal democracy in the running of the affairs of the NMA, particularly as regards the indiscriminate imposition of levies he considered extortionist, wrote to the association to withdraw his hip of the body, and notify the regulatory body of medical practitioners in Nigeria, the Medical and Dental Council of Nigeria.

On September 20, 2021, SaharaReporters reported that Olusola Adeyelu had sued NMA and MDCAN over the alleged imposition of unjustifiable charges on medical practitioners. It was reported that he also sought a court order declaring NMA hip as voluntary and that he has the right to resign his hip from the association and still practise as a medical doctor.

However, in 2020, upon payment for the renewal of his practicing licence, the Medical and Dental Council of Nigeria insisted that the payment of the Nigerian Medical Association’s building levy was compulsory for all doctors in Nigeria before practising licence could be renewed and indeed made it a precondition for the mandatory renewal of the practising license for the year and without any legal justification.

The MDCAN had indirectly saddled itself with the duty to serve as a levy collection agent on behalf of the NMA, of the building levy prescribed by the NMA which formed one of the reasons Adeyelu resigned his hip from the association to stop paying such levies.

Consequent upon that, he went to court to challenge the imposition and in 2020, through his counsel, Tope Temokun, filed an action by way of originating summons before the Federal High Court Abuja in suit No FHC/ABJ/CS/1094/2020 (Dr Olusola Adeyelu Vs Medical and Dental Council Of Nigeria and Nigerian Medical Association), praying the Court, among other things, a declaration that hip of the NMA is voluntary and that neither the NMA nor the regulatory body, MDCAN could force hip or hip obligation of the NMA on him.

The suit dated and filed on September 1, 2020, was ed by a 42-paragraph Affidavit sworn and deposed to by the Plaintiff, Dr. Adeyelu. In the suit, he formulated 10 questions for the determination of the court and sought 15 reliefs, resting his case on Section 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which provides, inter alia, that: “Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests.”

[quote]Among the 15 reliefs sought are: "A DECLARATION that based on the facts and circumstances of this case, Section 14(4) of the Medical and Dental Practitioners Act Cap M8, Laws of Federation of Nigeria, 2004 (as amended), by practical application and/or implication, do rob the plaintiff of his right to freedom of association and as such, inconsistent with Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and to the extent of such inconsistency therefore, unconstitutional, null and void?

"A DECLARATION that based on the facts and circumstances of this case, the 1st defendant’s imposition of the 2nd defendant’s financial resolution and/or the 2nd defendant’s association subscription and/or the 2nd defendant’s building levies or other levies on the plaintiff is in contravention of the plaintiff’s right to freedom of association and as such, inconsistent with Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and to the extent of such inconsistency therefore, unconstitutional, null and void?

"A DECLARATION that hip of the 2nd defendant as an association ed under the Company and Allied Matters Act (CAMA) as incorporated trustees is not mandatory under the law?

"A DECLARATION that by Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the plaintiff is entitled to freely and voluntarily associate with or dissociate from the 2nd defendant?

"A DECLARATION that based on the facts and circumstances of this case, the 2nd defendant does not have the powers to impose or continue to impose or enforce its financial resolution and/or its association subscription and/or its building levies or other levies on the plaintiff?

"A DECLARATION that based on the facts and circumstances of this case, the 2nd defendant does not have the powers to impose or continue to impose or enforce its financial resolution and/or its association subscription and/or its building levies or other levies on the plaintiff having resigned his hip of the 2nd defendant?

"A DECLARATION that the 1st defendant’s statutory mandate and duty do not extend to cover the enforcement of the 2nd defendant’s financial resolutions or collecting the 2nd defendant’s building levies or any other levies on behalf of the 2nd defendant?

"A DECLARATION that based on the facts and circumstances of this case the 1st defendant’s imposition of the 2nd defendant’s financial resolution on the plaintiff and/or collection of the 2nd defendant’s association subscription and/or the 2nd defendant’s building levies or other levies on behalf of the 2nd defendant is ultra vires the 1st defendant and as such illegal?

"A DECLARATION that the 1st defendant does not have the powers to impose or continue to impose or enforce the 2nd defendant’s financial resolution and/or 2nd defendant’s association subscription and/or 2nd defendant’s building levies or other levies on the plaintiff.

"A DECLARATION that the 1st defendant does not have the powers to impose or continue to impose or enforce the 2nd defendant’s financial resolution and/or 2nd defendant’s association subscription and/or 2nd defendant’s building levies or other levies on the plaintiff having resigned his hip of the 2nd defendant?

"AN ORDER of perpetual injunction restraining the 2nd defendant henceforth from further imposing on the plaintiff its hip and/or its hip obligations and/or its subscription and/or its building levies or other levies, either directly or through the 1st defendant.

"AN ORDER of perpetual injunction restraining the 1st defendant from further subjecting the plaintiff to the 2nd defendant’s hip and/or mandatory payment of the 2nd defendant’s association subscription and/or the 2nd defendant’s building levies or other levies before recognizing or according to the plaintiff his rights and privileges as a medical practitioner in Nigeria.

"AN ORDER of perpetual injunction restraining the 1st defendant from further remitting to the 2nd defendant 70% of the plaintiff’s mandatory annual practicing fees having ceased to be a member of the 2nd defendant.

"AN ORDER of mandatory injunction directing and/or mandating the 1st defendant to henceforth, within one month of the payment of the plaintiff’s annual practicing fees, remit 70% of the plaintiff’s mandatory annual practicing fees to the plaintiff having ceased to be a member of the 2nd defendant."

https://saharareporters.com/2024/05/14/breaking-doctor-secures-landmark-judgment-against-nigerian-medical-association-other#google_vignette

See wahala! So there will now be freelance medical practitioner with no regulatory authority? This one nah license to kill o.

Isn't it s high time the government themselves scrap all these associations extorting people ?

Wahala. So I fit just wear lab coat, steal or modify certificate then boom I am a doctor.

Better

Ok

This is the step in the right direction

NMA doesn't do much asides collecting dues

Every doctor forced to pay building levys is extortion
At least with this hope the indiscriminate and illegal level would stop

Read to understand the comments above said NO that they will read the whole epistles from the title.
.sorry

WHAT ARE PHYSICIANS

ABI NA SCIENCE STUDENTS

NO BE DEM INVENT COLOS

Associations wey Dey this country ehhn..
To what end exactly? Just to collect levies and what not!
Since MDCN is there
NMA should be scrapped entirely!

Even that SUG fees should not be compulsory.

How will they be regulated?

Why...

How will they regulate themselves if they are not of the same body

I do hope the court will say same of NBA.


I am not a Dr...but this judgement be one kain

Good. E remain Pharmacy people. All those association Levy dey too much.

Okay nah

Racoon:
See wahala! So there will now be freelance medical practitioner with no regulatory authority? This one nah license to kill o.

It's better to shut up rather than run your mouth about what you know nothing about.

The MDCN (Medical and Dental Council of Nigeria) is the regulatory body in charge of licensing doctors and regulating their practice in the country. The NMA is just what it is: An association, not a regulatory body.

Racoon:
See wahala! So there will now be freelance medical practitioner with no regulatory authority? This one nah license to kill o.

Read well and understand, don't just read one or two lines like your other lazy youths that don't read. The regulatory council is not the same as the association, it cannot be, but the regulatory council has allowed the association to blur the line between the two

This one na doctor's matter. This case would definitely lead to the weakening of NMA as a Union which would gradually reduce there influence in the healthcare polity.

Most unions in this country serve as a means to extort people.

NMA as a body seems to be a backbone which fights and protects the rights of doctors especially from the government.

They also serve as a Union used to fight other healthcare stakeholders.

😮😮

Basic:
It's better to shut up rather than run your mouth about what you know nothing about. The MDCN (Medical and Dental Council of Nigeria) is the regulatory body in charge of licensing doctors and regulating their practice in the country. The NMA is just what it is: An association, not a regulatory body.

Do you read that one of the antagonism of the petitioner against the MDCN is the issue of a just constituting a delegate body that unilaterally determined the fate of doctors via a delegate system that does not allow for participatory association? Meanwhile, the MDCN have been imposing the illegal building levy in collaboration with the NMA.

Noted.

NBA and others nko

This would set a bad precedence

bigfoot79:
This would set a bad precedence

Definitely, you didn't read the story

It is well.... So i fit sue this plastic dealers association to court for always disturbing my mum to attend there useless meetings with threat to seize her goods... I cha punch one of there uniform scout one time

Randal:
How will they be regulated?

adioolayi:
Why...

How will they regulate themselves if they are not of the same body

I do hope the court will say same of NBA.


I am not a Dr...but this judgement be one kain

Racoon:
See wahala! So there will now be freelance medical practitioner with no regulatory authority? This one nah license to kill o.

MDCN is the regulatory body not NMA

NMA is an association and every Nigerian should have a freedom of who and what organisation to associate with

Why is it that anything that has to do with union is always to extort money from or the general public ?

To even the association the form i will just type in my house and print from business centre with 200 they would ask menber to pay 10,000

They would open office on people's head.

Racoon:
See wahala! So there will now be freelance medical practitioner with no regulatory authority? This one nah license to kill o.

NMA is not a regulator it's just an association just like Nigerian Society of Engineers and Nigerian Institute of Architects. The regulator of the medical(doctors) profession is MDCN.

By the way, I always salute the doggedness of the Yoruba in activism. It's Firdaus Amasa who fought her way until the hijab was allowed to be donned during call to bar events.

MDCN issues practicing licence. A doctor that intends to renew his annual licence should not be forced to pay association levies (building levy especially ) before MDCN will issue his/her licence to practice for the year.

This judgement will influence decisions of other professionals who are stifled with various forms of ridiculous levies by their professional associations.

The extortion must stop!!

NMA is a medical association for medical doctors and dentist, and not a regulatory body. Medical and dental council of Nigeria is a regulatory body saddled with the responsibility of issuance/revocation of licences and regulation of practices.

Nigerian Society of Engineers is next in line. They extort their too much. COREN is enough!

Racoon:
See wahala! So there will now be freelance medical practitioner with no regulatory authority? This one nah license to kill o.