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JOHESU AND NIGERIAN GOVERNMENT VS NMA HEALTH BATTLE: THIS IS THE CONCLUSION OF THE MATTER

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6 years ago

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By: Fejiro Oliver

The equal right of all citizens to health, education, work, food, security, culture, science, and wellbeing – that is, the same rights we proclaimed when we began our struggle, in addition to those which emerge from our dreams of justice and equality for all inhabitants of our world – is what I wish for all.

Fidel Castro

This is a long write-up for intellectuals who can research and not those who dwell in shallow arguments.
For two years, I purposely stayed away from writing as an individual on issues that bothered about the health sector in Nigeria, to enable me research on the true international best practices and come out with an informed and none bias position.
Apart from education and defense, the most important aspect of a country is its health sector. Sadly enough, the sector in Nigeria has been bedeviled by animosity and fierce battle between the two prominent groups, namely; Joint Health Sector Union (JOHESU) and the Nigerian Medical Association (NMA).
JOHESU consists of all workers in the hospitals apart from Physicians and Dentists who make up NMA. I have decided to skip the word ‘doctor’ for a reason, which will be explained later. Nigeria is currently shut down with death toll rising every twenty four hours since JOHESU embarked on their strike last week. Despite the Federal Government refusal to pay them April salaries, they are bent on not going to work, until their demands are met.
The argument from both sides is reasonable, depending on the prism through which one views it. JOHESU is insisting that the FG honors all the agreement it reached with them, especially as it has to do with allowing their members to reach consultancy level, upward review of the CONHESS salary as agreed with FG, retirement age at 65 and few others. NMA on the other hand believes that the increment in salary for JOHESU will place them at par. They have also fought some JOHESU professionals from attaining consultancy status as well as using the prefix ‘Doctor’ before their name.
First of all, who is a Doctor? The word was never a medical word from origin. It is a Latin word from 1300, which means “Church father,” from Old French doctour, from Medieval Latin doctor “religious teacher, adviser, scholar,” in classical Latin “teacher,” agent noun from docere “to show, teach, cause to know,” originally “make to appear right,” causative of decere “be seemly, fitting,” from PIE root dek- “to take, accept”, as defined by etymonline. When the art of healing came into serious practice, the word ‘Doctor’ was used to replace the word ‘leech’, which they were initially called.
It therefore brings us to the argument on those entitled to use the suffix ‘Dr’ before their names in the health sector. First of all, it’s an acceptable fact that no one went to school to study ‘doctoring’. Unlike Engineers who derived their title from their course of study, this is not entirely so in the health sector. In the school of health or school of medicine, as it’s called in different universities, the courses are Medicine, Pharmacy, Dentistry, Nursing, Medical Rehabilitation or Physical Medicine, Radiography, Medical Laboratory and Optometry. None of these courses is called Doctoring.
The word Doctor came to be associated with the art of healing in the medieval period and were initially called Physician and still called so till date. With the advent of Doctor of Philosophy which is the highest level associated with teaching, it later became ascribed to those saddled with the art of healing. The question now bothers to who is a healer in the health profession and who is a paramedic; a degrading word that has been used many times by Nigerian Physicians to spite other medical workers, who retaliates by calling them Allopathic officers.
In line with international best practices, only the World Health Organisation (WHO) not World Medical Association and International Labor Organisation (ILO) can define the meaning of every profession. In listing structures for each worker, all professionals were listed as ‘Health Professionals’ and not ‘Medical Professionals’. They were divided into two health groups for easy recognition. The first group listed:
Medical Doctors (Generalist Medical Practitioners and Specialist Medical Practitioners), Nursing and Midwifery Professionals, Traditional and Complementary Medicine Professionals, ***Paramedical Practitioners and Veterinarians
The second group listed Dentists, Pharmacists, Environmental and Occupational Health and Hygiene Professionals, Physiotherapists, Dieticians and Nutritionists, Audiologists and Speech Therapists, Optometrists and Ophthalmic Opticians and Health Professionals Not Elsewhere Classified.
Note that Dentists which is a member of NMA is in the second category and Paramedics in the first category, according to International best practices that we like to flout.
Let us take a look at WHO definition of these core workers in the health sector.
According to WHO, ‘a Generalist medical doctors (including family and primary care doctors) diagnose, TREAT and prevent illness, disease, injury, and other physical and mental impairments and maintain general health in humans through application of the principles and procedures of modern medicine. They plan, supervise and evaluate the implementation of care and treatment plans by other health care providers. They do not limit their practice to certain disease categories or methods of treatment, and may assume responsibility for the provision of continuing and comprehensive medical care to individuals, families and communities’.
Same WHO notes that ‘Nursing professionals provide TREATMENT, support and care services for people who are in need of nursing care due to the effects of ageing, injury, illness or other physical or mental impairment, or potential risks to health, according to the practice and standards of modern nursing. They assume responsibility for the planning and management of the care of patients, including the supervision of other health care workers, working autonomously or in teams with medical doctors and others in the practical application of preventive and curative measures in clinical and community settings’.
Going down to traditional level, WHO was direct when it stated that ‘Traditional and complementary medicine professionals examine patients and prevent and TREAT illness, disease, injury and other physical, mental and psychosocial ailments by applying knowledge, skills and practices acquired through extensive study of the theories and experiences originating in specific cultures. They research, develop and implement treatment plans using applications such as acupuncture, ayurvedic, homoeopathic and herbal medicine’.
For Dentists, the world body noted that ‘Dentists (including dental surgeons and related) diagnose, TREAT and prevent diseases, injuries and abnormalities of the teeth, mouth, jaws and associated tissues by applying the principles and procedures of modern dentistry. They use a broad range of specialized diagnostic, surgical and other techniques to promote and restore oral health’.
According to its supreme definition, ‘Pharmacists store, preserve, compound and dispense medicinal products. They counsel on the proper use and adverse effects of drugs and medicines following prescriptions issued by medical doctors and other health professionals. They contribute to researching, testing, preparing, prescribing and monitoring medicinal therapies for optimizing human health’
For Physiotherapists, WHO didn’t mince word saying that ‘Physiotherapists assess, plan and implement rehabilitative programs that improve or restore human motor functions, maximize movement ability, relieve pain syndromes, and treat or prevent physical challenges associated with injuries, diseases and other impairments. They apply a broad range of physical therapies and techniques such as movement, ultrasound, heating, laser and other techniques. They may develop and implement programmes for screening and prevention of common physical ailments and disorders. ILO in classifying their job stated that “Physiotherapists and related associate professionals TREAT disorders of bones, muscles and parts of the circulatory or the nervous system by manipulative methods, and ultrasound, heating, laser or similar techniques, or apply physiotherapy and related therapies as part of the treatment for the physically disabled, mentally ill or unbalanced.

For Optometrists, the world body says Optometrists and ophthalmic opticians provide diagnosis, management and TREATMENT services for disorders of the eyes and visual system. They counsel and advise on eye care and safety, and prescribe optical aids or other therapies for visual disturbance.
While this may sound as a thesis, I will leave out what the sacred definition of WHO and ILO gave to the two eyes of medicine, notably Radiography and Medical Laboratory. The reader can Google it up.
By this definition, five professions TREAT sicknesses and disorders and one provides the drugs or body gel they prescribe, while two gives a clearer picture of the diagnosis through tests and imaging.
They are General Practitioner called Medical Doctor, Traditional or complimentary medicine practitioners/Homeopathy, Dentists, Nurses, Optometrists and Physiotherapists. Nursing being a unique and distinct profession cannot be called Doctors, but the rest whose primary duties is to diagnose treat and certify fit can be called Doctor if their regulatory body so wish.
On consultancy status, it is criminal for a profession to demand for such almighty position simply because of the years spent in service and not by merit. It’s akin to saying a lecturer can rise to the level of Professorship without studying to get PhD. This is where I disagree with JOHESU. Medical Doctors who are consultants didn’t jump the rope. They went through the rigors of residency training, became fellows and merited it.
Medical practice is not law that is determined by the years of practice. It is study, quest to break medical grounds and solve the everyday health challenges that the world faces. No amount of experience can totally give clinicians that except devotion to knowledge, which is gained through the appropriate postgraduate school or colleges.
It is however unjust for the current disparity in salaries of the two warring groups. Whoever separated the salary structure into CONMESS and CONHESS is the common enemy that we should be fighting today. It’s absurd and ridiculous that a House Officer will earn higher than a working class Nurse or any other core medical practitioners, when the difference in study is one year. Only a specialist GP should be allowed to earn more than any other clinician, who refuses to also specialize in his/her own field.
The FG should as a matter of urgency make all health workers one salary structure, and their wages determined by level of qualification and specialty. The Ministry of Health should be headed by hospitals administrators and not physicians, just as the hospitals should not also be headed by a Dentist or Nurse. For heaven sake, it’s a profit making venture and not a professional body that the Medical Doctors heading it have turned it to. Only the Chief Medical Advisory Committee (CMAC) head should be a Physician while the Deputy CMAC should be from other clinical department like Medical Laboratory or Pharmacy.
International best practices that we scream always have proven that the top countries in medical field do not have any health worker as their Minister or Head of health sector. Oh, what about the almighty WHO that defines health, the head is not also a medical doctor, but a biologist. If WHO was a Nigerian union, it’s crystal clear that there would have been strike if a Nurse is appointed the head. What then are we saying?
As for JOHESU, calling off the strike now will forever bring your union to doom. Let the government stop salaries till next year, but do not give in to threats and blackmail. Your requests apart from ‘consultancy by years of service’ are just, and Nigerians are solidly behind you, even though we are the ones that ultimately feel the pain. There’s unity in strength and this is the time to be united. The battle is not against NMA but the Federal Government who reserves the right to implement your demands. Every profession is independent of each other and this right to decency of work cannot be taken from you, not now, tomorrow or in the future.
To be continued…
These little things matter…
Fejiro Oliver, an Investigative Journalist, Media Consultant and Human Rights Activist is also the Co-Convener of Coalition of Human Rights Defender (CHORD) and can be reached on +2348022050733 (SMS ONLY) or secretsreporters@gmail.com. Engage him on twitter on @fejirooliver86.

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Yahaya Bello and the EFCC Quandary: The Devil is in the Details – Ayoola Ajanaku

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12 hours ago

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April 24, 2024

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The dust is yet to settle, following the efforts of the Economic and Financial Crimes Commission (EFCC) to arrest the immediate past governor of Kogi State, Yahaya Bello last week, on the heels of the anti-graft agency preparation to arraign him over corruption charges. This development is more than what meets the eye, as it’s laden with intricate details that are the kernel of this lucid treatise.

The attempt to arrest the ex-governor led to the gestapo like siege to his residence located in Wuse Zone 4, FCT earlier. Officials of the EFCC cordoned off the road and entrance to the residence of the former Kogi State governor for most of Wednesday.

Despite the heavy presence of EFCC operatives around Bello’s residence, his successor in office, Usman Ododo, paid him a solidarity visit. Ododo arrived the erstwhile helmsman’s residence in the afternoon and was cheered by the loyalists of the former governor who were present to give support to their embattled principal.

Also, while the siege on Bello’s residence was still on, two conflicting court rulings emerged in respect to the attempt to arrest of the former governor by the EFCC. One of the rulings, which came from a Kogi State High Court sitting in Lokoja, restrained the EFCC from arresting, detaining or prosecuting Bello.

Justice I.A Jamil, who gave the order in a ruling last week, stated that infringing on the fundamental human rights of the former Kogi helmsman is null and void except as authorised by the Court.

“By this order, the EFCC is hereby restrained from arresting, detaining and prosecuting the applicant except as authorised by the Court.

“This is a definite order following the earlier interim injunction given,” he averred.

In another twist in the yoyo-like locomotion of multiple judicial pronouncements, however, the EFCC obtained permission from the Federal High Court sitting in Abuja to arrest the ex-Kogi State governor in preparation to his arraignment on Thursday.

Justice Emeka Nwite granted the warrant this afternoon at the instance of the EFCC.

Love or hate Yahaya Bello, the pertinent questions begging for answers in this litigation are:

The EFCC had in March indicted Yahaya Bello, in an alleged diversion of about N100 billion, an offence said to have been committed months before he assumed office as governor in September 2015. If any third party dissects the budgetary appropriation of Kogi State and it’s IGR dispassionately then the numbers do not add up. The former helmsman meet a humongous liabilities and backlog of non-serviced facilities accruing to the Confluence State that had to be serviced. The pervasive prevarication that colossal funds found it’s into his pockets amount to ‘Alice in Wonderland’ tales.

The anti-graft agency had joined Yahaya Bello in the amended suit alongside the Chief of Staff to Kogi State Governor, Alli Bello, and one Daudu Suleiman, who was re-arraigned by the anti-graft agency before Justice James Omotoso of the Federal High Court, Abuja.

The ex-governor was not a defendant in the original suit, and was not in court on the said day.

Justice Omotoso had granted an accelerated hearing in the matter and had also ordered that all forms of objections must be kept in abeyance till the address stage and the charge were read to them.

In the first count, the former governor, and the two suspects were accused of conspiring with each other in September 2015 and converting N80, 246, 470, 089 to their personal use. For contextual and editorial alignment, the goalposts of allegations have witnessed shifting and amendments.

What court Order did the EFCC appeal against as well as the reason behind it?

It is a germane fact in public domain that the EFCC appealed against the Order granted on the 9th of February, 2024 by the High Court of Kogi State, the said order was an order restraining the EFCC from inviting, arresting or detaining the Applicant vide Notice of Appeal filed on 26th February, 2024.

Also, the EFCC further asked for a stay of Execution of the Interim Order at the Court of Appeal on 21st of March, 2024, which request was refused by the Court of Appeal.

However, on the 6th of March, 2024, in defiance of the interim Orders and their own pending appeal against the interim Order, the EFCC proceeded to prefer a 17 Count(s) Charge before Justice Nwite of the Federal High Court against Yahaya Bello.

The EFCC went further to resort to self help when on the 17th of March, 2024, it approached the same Federal High Court, Abuja, via an Ex-parte application and without informing the said court of the interim Order and their pending appeal against the interim order, to obtain an arrest warrant against the same person in respect of whose Order they had appealed to the court of appeal.

Akin to the above, if indeed the EFCC has nothing to conceal, why are they trying to muddle up the issues on account of the main judgement that was also subsequently delivered in the same High Court of Kogi State without recourse to the interim order that they appealed against and requested to be stayed, which request was refused?

The EFCC claims to have extended invitation to Yahaya Bello’s quarter immediately after his tenure elapsed on January 27th 2024. He has challenged the anti-graft agency to produce a copy of this invitation, including the delivery date and the recipient’s name and endorsement. There’s ample confidence on his part that they cannot provide ample evidence to this effect.

This sudden attempt at trying to confuse unsuspecting public with sentimental press statements and mug shot poster emblazoned with wanted message in capital letters. These actions intended to impugn and malign Yahaya Bello would not help them clear the infraction and abuse of the judicial process to give a dog a bag name to hang it. It’s a recurring decimal and standard MO of the anti-graft agency to embark on the route of smear campaign on suspects in a bid to gain an edge in the gallery of public opinion.

Again, by the admission of EFCC to the effect that they were at the Court of Appeal on the matter, and at the same time, approached a Federal High Court without informing the court of the subsisting order and appeal, is an admission of abuse of judicial process, and a fraudulent deceit of the court that has led it to granting conflicting Orders while appeal was pending.

This approach is a grave infraction of due process of law, subsequently, the statement issued by the learned counsel representing EFCC in the said matter amounts to trying to justify the infraction in a media trial which is unethical and not allowed or recognized in the legal profession.

The NJC should seriously investigate this matter as the conduct of the EFCC lawyer is clearly unethical and smirks of “Jankara” and “Boju Boju” practice of circumventing due course of the law.

The EFCC had appealed the order on March 11, 2024 and sought a stay of execution in Appeal No: CA/ABJ/CV/175/2024: Economic and Financial Crimes Commission v. Alhaji Yahaya Bello. The Court of Appeal did not grant the stay of execution, but fixed yesterday for hearing.

The appeal, however, failed to take place as the registrar told journalists that the appeal was not listed among the cases for the day.

The latest development in this jurisprudential tango, the embattled immediate past Governor of Kogi State, Yahaya Bello said he was ready to appear before the Federal High Court in Abuja to answer to the 19-count charge the Economic and Financial Crimes Commission, EFCC, preferred against him.

Though Bello was absent for his arraignment, he briefed a team of lawyers who addressed the court on his behalf on Tuesday. A member of his legal team, Mr. Adeola Adedipe, SAN, told the court that his client would have made himself available for the proceedings, but all he clamours for is the strict adherence to the rule of law.

“The defendant wants to come to court but he is afraid that there is an order of arrest hanging on his head,” Adedipe, SAN, submitted.

Consequently, he urged the court to set aside the exparte order of arrest it earlier issued against the former governor.

Adedipe, SAN, contended that as at the time the order of arrest was made, the charge had not been served on his client as required by the law.

He noted that it was only at the resumed proceedings on Tuesday that the court okayed substituted service of the charge on the defendant, through his lawyer.

“As at the time the warrant was issued, the order for substituted service had not been made. That order was just made this morning.

“A warrant of arrest should not be hanging on his neck when we leave this court,” counsel to the defendant added.

Time will tell where the pendulum will swing, as Yahaya Bello is fighting a battle of his life to untangle himself from the charges filed by the Nigeria’s anti-graft agency earlier that has caught the attention of all and sundry.

In a nutshell, the pontification of prominent Lutheran pastor in Germany, Martin Niemoller rings a bell in this scenario. “First they came for the socialists, and I did not speak out—because I was not a socialist. Then they came for the trade unionists, and I did not speak out -because I was not a trade unionist. Then they came for the Jews, and I did not speak out – because I was not a Jew. Then they came for me – and there was no one left to speak for me.”

Regardless of his exact words, Niemöller’s message remained consistent: he declared that through silence, indifference, and inaction worse things happen. Alas, reverse is the case as in this part of the world an individual is not presumed innocent until proven guilty. The hounds and irate mob are out and baying for blood aided by apparatus of power with a predetermined ploy to have Yahaya Bello’s head on a plate via the guillotine.

Ayoola Ajanaku is a Communications and Advocacy Specialist based in Lagos, Nigeria.

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Breach of contract: Shell sues Venture Global in US court

Published

13 hours ago

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April 24, 2024

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•As NLNG risks sanctions from UK court

Following restriction of Liquefied Natural Gas LNG supply to its customers, Shell PLC has made claims against Venture Global LNG(VGL) a United States based LNG exporter, for its breach of contract to supply LNG cargoes.

Also, Nigeria LNG may risk sanctions from a UK High Court for a similar breach of an LNG supply contract.

Both Venture Global LNG and NLNG have been facing hurdles in the United States and in the United Kingdom for its breach of contract in a relatively similar fashion.

While Shell Plc filed its claim with U.S. regulators, the NLNG breach, has now been advanced to the UK High courts for further litigation.

Nigeria LNG is challenging the enforceability of the arbitral award’s demand order, issued by the arbitration panel.

According to Reuters report, Shell Plc has escalated its dispute with Venture Global LNG.

It accused the liquefied natural gas producer of restricting supply access to it and other customers, while exporting over $18 billion in LNG.

In a letter sent to the Federal Energy Regulatory Commission, Shell requested the commission to compel Venture Global LNG to disclose plant commissioning data to clarify the cause of delayed commercial operations.

Shell and other European companies say they contracted with Venture Global LNG but did not get their gas cargoes under long-term contracts.

They alleged that Venture Global LNG has been selling gas from the plant for more than a year to others, costing them billions in lost profit.

On its part, Nigeria LNG was held to be in breach of contract by failing to deliver 19 cargoes under a contract it executed in January 2020.

The cargoes, which were due for delivery between October 2020 and October 2021, have not been delivered.

In pleadings made by NLNG in its Particulars of Claims to the High Court of Justice in England and Wales Commercial Court, it’s breach was confirmed by a final arbitration award dated 30th January 2023.

The arbitration tribunal comprised Mr John Beechey CBE, Mr J William Rowley KC and Mr Nevil Phillips.

Nigeria LNG Ltd., is significantly owned by Shell, Total, and Eni.

An industry expert cited similarities between the disputes involving Venture Global LNG and Nigeria LNG. The source attributed the challenge to the unexpected surge in the LNG market.

“The reason for this surge in disputes may be related to the unexpected turn in losses to highly profitable margins, as high as $90 million per cargo, at the beginning of the Russian Ukraine conflict, post Covid market recovery and a huge demand in Asia and European markets, it is seen as a golden era for LNG cargoes.

“This situation may have prompted numerous defaults on agreements, with major LNG suppliers opting to retain higher margins at the risk of lengthy litigations,” the source added.“

 

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We Have Put in Place definitive measures to Bolster our Production’ – Oando GCE, Wale Tinubu  

Published

14 hours ago

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April 24, 2024

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After releasing the FY 2022 financial statements, Oando Plc has issued a press statement to address its net loss of N81.2 billion incurred in 2022, citing militancy and pipeline vandalism as major culprits.

Despite reporting a gross turnover of N1.99 trillion during the fiscal year, the group posted a loss after tax of N81.2 billion, a significant downturn from the N39.2 billion profit after tax posted in 2021.

Wale Tinubu, Group Chief Executive of Oando Plc, commenting on the result, noted,

“The heightened militancy and pipeline vandalism acts within the Niger Delta region dealt a substantial blow to our upstream operations, resulting in a marked reduction in our crude production volumes due to the protracted shut-ins for repair following each incidence. This was further compounded by a major gas plant fire incident which also necessitated a lengthy downtime.”

“Furthermore, a rise in our net interest expense due to increased interest rates on several of our major facilities in line with global rates increases, also contributed to our Loss after Tax position.”

“In response, we have put in place definitive measures to bolster our production and cash inflows towards ensuring a speedy return to profitability by collaborating with our partners to institute a comprehensive security framework aimed at permanently curbing the persistent pipeline vandalism whilst concurrently exploring inorganic growth opportunities to increase our reserves and production capabilities. We have also implemented a strategic restructuring of our key facilities to ensure they align with our cash flow dynamics.”

Recommended reading: Pipeline vandalism cost Nigeria N471 billion in 5 Years

Economic implication of oil theft in Nigeria

Theft and vandalism of oil installations is a major problem plaguing the oil and gas sector in Nigeria. The crime of oil theft has had a negative impact on the national economy and the business of local and international oil companies operating in the upstream sector.

Although there is no precise figure to quantify the financial impact of oil theft on the Nigerian economy, a study conducted by Dimkpa et al. (2023) estimates that Nigeria lost approximately $33.6 billion in oil revenue to oil theft between 2019 and 2022.

 A significant economic implication for Nigeria has been the consistent decline in oil production. Nigeria’s average oil production in 2022 was at 1.45 million barrels per day, an almost 1-million-barrel decline from the 2.4 million barrels per day produced by Nigeria in 2012.

In 2022, Oando’s total upstream production amounted to 20,703 barrels of oil equivalent per day (boe/day). This comprised 4,939 barrels per day of crude oil, 472 barrels per day of natural gas liquids, and 15,292 barrels per day of natural gas.

This figure represents a 22.7% decline from the 26,775 boe/d output reported by the group in 2021.

According to the company’s press statement, the decline in production was attributed to downtimes caused by shut-ins for repairs and sabotage activities.

In 2022, Oando Plc sold approximately 21.8 million barrels of crude oil, representing a 25% increase from the 17.4 million barrels sold in 2021. The group also sold about 1.94 million metric tonnes of refined petroleum, representing a 101% increase from the 962,371 metric tonnes sold in 2021.

Despite recording a decline in oil output, the group was able to sell an increased amount of crude oil due to its contracts with the then Nigerian National Petroleum Corporation (NNPC), ultimately contributing to its 148% revenue growth in 2022.

In 2022, Oando sold crude oil at an average realized oil price of $101.55/barrel and a gas price of $14.74/Boe, compared to 2021’s prices of $62.14/barrel for crude oil and $9.95/Boe for gas.

OMLs 60 to 63 gulped about $77.7 million in capital expenditure (CAPEX) from Oando, while OML 56 and OML 13 gulped about $22.6 million and $200,000 respectively. The group also spent $1.4 million in capital expenditure (CAPEX) on other assets.

As of 2022, Oando owned 20% stake in OMLs 60 to 63, as Nigerian Agip Oil Company (NAOC) also owned a 20% stake.

However, Oando is in the process of purchasing NAOC’s 20% stake in the oil fields, which will push its stake up to 40%.

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