“For avoidance of doubt, and in order to maintain discipline and integrity of the public service rules, which prescribes 60 years of age or 35 years of service for mandatory retirement strict compliance should be strictly complied with. “That career officers who wish to take up tenured appointments should at the point of taking up the appointment, retire from service to ensure they run their terms uninterrupted. That career officers who may not have retired or choose not to retire from service, before the commencement of their tenured appointment, must leave office on attainment of the mandatory age/year of service for retirement. Those career officers who are currently holding tenured appointments are required to retire from the service with immediate effect and continue to run their terms.

“Failure to do so would mean that they would vacate office on attaining the mandatory retirement age or at the expiration of their term, whichever comes first. The content of this circular should be brought to the notice of all concerned for strict compliance and uniform application in all federal parastatals and agencies.” Chairman, Nigerian Medical Association (NMA), Lagos branch, Dr Tope Ojo, said the law is clear on the situation and that there was no ambiguity in the position of NMA. Ojo said, “What we have here in the civil service policy and Orosanye’s report is clear. We have written to the Ministry of Health (MOH) on what the law says. Dr Rahaman Lawal, Medical Director of Psychiatric Hospital Yaba was removed based on this law, others should follow and Lagos University Teaching Hospital (LUTH) is not the only one left as we have about 10 others.”

He said medical director of Psychiatric Hospital, Yaba, was removed because there was a massive protest which involved all cadres of workers, doctors inclusive, adding that the law should be applyed across board. General Secretary, Nigeria Union of Allied Professionals (NUHAP), Dr Obisesan Oluwatuyi, said the position of the law was clear on the tenure of the hospitals’ CMDs tenure. Oluwatuyi said it is clearly stated in the condition of appointment of CMD that once you are up to or close to 60 years you are not eligible, but they got the appointment because of the corruption in the system.

She said, “Even on the basis of coming in as a professor which most of the CMDs claimed that they have been allowed to attain the age of 65 years and 70 years for the professors, is untenable. Until we agree that universities are autonomous of teaching hospitals, the law that set up the universities is different from the law that set up teaching hospitals. “In 1981, Onosode panel report was very clear that the university lecturer should not be appointed to head teaching hospitals. Such document was jettisoned, so importing what is obtainable in universities to teaching hospitals is not justifiable.

“The reason for which they were able to contest for CMD’s position is that they were appointed as honorary consultants in the hospitals which is an ad-hoc appointment; not a permanent position. They were employed to carry out clinical duties in the hospital and not for administrative duty, yet they were able to infiltrate into the system to get what they wanted.” Speaking further, Mr Kehinde Adegoke Ex-Officio, and former chairman, SSAUTHRIAI, Lagos University Teaching Hospital, LUTH, said the position of the union was not borne out of malice.

Adegoke said, “We don’t have any interest in whoever became the CMD. What we swore to protect is the application of the rule of law, obedience to the rules of service and avoiding bad precedence. We have a situation whereby the former head of service of the federation, Prof. Oladapo Afolabi, stepped down on the attainment of the statutory retirement age of 60 years. “Some of the CMDs in our teaching hospitals are overstaying in the office as against the stipulated age requirement and this is not good for a place known for integrity. The CMD is in the cadre of a director and directors come under a permanent secretary; the condition for the director is stipulated in public service rule 020810 section iv.” 

Adegoke said teaching hospitals have in abundance, qualified personnel to fit in the position of command, for which there was no reason for someone staying in the office arbitrarily. He said such traits were prevalent because CMDs came in through the back door and tend to exhibit highhandedness with no recourse to the fact that no one will benefit from their lawlessness. “We have a case of Prof. Eugene Okpere of University of Benin Teaching hospital who followed due process and retired upon the statutory age. There should not be a double standard in this regard,” he added.

Adegoke maintained that there had been some organisations in the past that were asked to look into the matter. However, their recommendations never saw the light of the day, maybe due to underhand factors. He said, “If the Academic Staff Union of Universities (ASUU) is clamouring for 65 years, that is for the teaching not administration at the teaching hospitals. What they fought for and was granted was a 70 year extension for professors to retire and if they did not become professor before 65, they retire same year. “What we have in LUTH, Neuro-Psychiatric Yaba, FMC Ebute Meta and National Orthopaedic, Igbobi, and other hospitals under MOH, is that they don’t have a professor in their cadre. Teaching hospitals never had the position of professor in its cadre of service; ministry of health did not also have provision for such.

“In LUTH there were about 350 consultants with about 200 out of them qualified to be CMD. This same situation happened in Owerri too. Most of the professors are jostling for the position because the position looks lucrative and as such, they would do anything to get it. I want the head of service of the federation to intervene in this matter and protect the integrity of public service rule been decimated by the CMDs.” Meanwhile, the Minister of Health, Prof Isaac Adewole said the issue of the tenure of appointment of the CMD was a case before them.

Adewole said, “It is a challenge we inherited. When we are able to take decision on it, we will come out with a policy that will address the matter in a comprehensive manner. We don’t want to address the matter on ad-hoc basis, the matter is quite receiving attention in the ministry and feedback will be given in January.” Permanent Secretary, Federal Ministry of Health, Dr Amina-Bello Shamaki said the administration being new will address the matter in its urgency. Shamaki said, “You know we are just coming in, we have set up a committee to look into it and the report is expected to be presented to us at the first meeting January. I will not be able to say anything comprehensive on it for now but we are looking at it.”

Source: Leadership Online