“The basis of a democratic state is liberty”—Aristotle
By Daniel Kanu
Hon. Ganiyu Johnson has come under intense fire over the controversial bill he is sponsoring in the Green Chambers of the National Assembly, which if passed into law will mandate any Nigerian-trained medical and dental practitioner to practice in Nigeria for a minimum of five years before being granted a full license by the Council.
During the debate on the general principle of the bill in the penultimate Thursday, Johnson, who said he is passionate about the bill noted that it was only fair for medical practitioners, who enjoyed taxpayer subsidies on their training, to “give back to the society.”
The lawmaker representing Oshodi/Isolo (2), had lamented that despite the shortage of medical personnel in the country, Nigeria continues to experience a mass exodus of healthcare professionals, especially doctors, pharmacists, and nurses.
Despite the efforts being made to give the bill a human face, most health commentators that spoke with Sunday Sun said it’s curious that the bill which they thought would die on arrival has passed the second reading.
Perhaps, this has made all relevant stakeholders in the sector both within and in the Diaspora to raise the alarm and kick, warning that the legislation is not in the best interest of the people, and would exacerbate the brain drain problem the country is currently facing.
Dr Alero Roberts, Public Health Consultant and Senior Lecturer, University of Lagos did not mince words in her condemnation of the contentious bill.
She said: “The bill is ill-conceived, extremely ill-advised, and ill-thought-out, extremely badly researched, and arising from a faulty motion in the first place.
“ I am not terribly surprised because this is the kind of knee-jack reaction that government usually takes instead of trying to fix the root of the problem they make draconian pronouncement that make absolutely no sense at all.
“What we need to be looking at is: what is the push factor that is making doctors leave the country, why can’t we change it to pull factors, a place where expatriates want to come and work like what Saudi Arabia did some years ago.
“They had fantastic remuneration packages, good conditions of service, and the tools to work with. What is our security condition here, what is the doctor’s remuneration in Nigeria?
“What research, what statistics are they using for the bill? It is not and can never be in the interest of the medical doctors, it’s not in the interest of the health sector of the country and not in the interest of the collective public good.
“The bill will worsen the situation in the healthcare sector; they should address the reasons Nigerians, not only doctors migrate out from the country”.
Expectedly, the Medical and Dental Consultants Association of Nigeria (MDCAN) as well as the Diaspora Medical Associations, among other stakeholders, have condemned the proposed bill outrightly, advising that further consideration of the passage of the bill will amount to a wild goose chase in addressing the challenge of brain drain.
MDCAN described the bill, as discriminatory, ill-conceived, and harsh, calling it “modern-day slavery.”
The association had argued that coercion of fresh doctors to stay in the system will be a futile effort without addressing the retention of more senior doctors.
Also more worrisome for MDCAN is the fact that the bill violates the constitution of Nigeria, as it goes against the fundamental human rights of individuals.
For instance, Section 34 (1) b of the constitution states that “no person shall be held in slavery or servitude” while Section 34 (1) c says that “no one shall be required to perform forced or compulsory labour.”
But, the Speaker of the House, Femi Gbajabiamila does not agree that the proposed bill will be infringing on the rights of medical practitioners. According to him, Section 45 of the 1999 Constitution allows the government to suspend certain rights due to certain conditions.
Gbajabiamila said: “Let me clear the issue of fundamental human rights that has been raised.
“If you go to Section 45(1) of the Constitution, it actually allows you to deviate from your fundamental human rights under certain conditions.
“One of these conditions concerns public health. So, if the government feels that to safeguard public health this restriction should be put, then we have not violated anybody’s human rights.”
Groups of Nigerian doctors working in the Diaspora have already petitioned the House of Representatives over the proposed bill.
In a letter addressed to the Speaker of the House of Representatives, Femi Gbajabiamila, a copy of which was made available to Sunday Sun, the medical practitioners said the bill would worsen the nation’s health crisis.
They warned that the bill may not be the most effective intervention to resolve the brain drain situation, adding that it will be counterproductive and will not achieve its intended goal.
Medical consultant, Dr Erik Kalu told Sunday Sun that Immigration reports showed that Nigerian healthcare workers are leaving in large numbers and it is based on the recommendation of WHO that the UK now placed Nigeria under red alert.
He advised the lawmakers to re-work the bill and look for better framing to capture how to overhaul the healthcare package, remuneration, upgrading of health facilities, and secured environment, among others.
He warned that Nigerians will hit the streets in massive protest if the bill is passed.
Ganiyu Abiodun Johnson is chairman of Ad hoc Committee on the Rehabilitation of Nigeria Refinery and a member of House Committee on Works, FERMA, and Water Resources.