The Board of Trustees of the Association of Medical Laboratory Scientists of Nigeria has petitioned the Federal Government through the Federal Ministry of Health and Social Welfare over the alleged unlawful re-appointment of Dr. Tosan Erhabor as Registrar, Medical Laboratory Science Council of Nigeria (MLSCN).
In the petition addressed to Dr. Tunji Alausa, Minister of State for Health and Social Welfare, the board alleged a breach of extant rules in a purported renewal of the appointment of Erhabor as MLSCN Registrar for another four years.
A copy of the petition signed by the Chairman of the Board of Trustees, Mrs Adunni Udu, which was made available to journalists, narrated that Erhabor headed the Council in an acting capacity for three years from June 2015, before he was confirmed as substantive registrar in Aug. 2019.
According to the board, such an appointment was an aberration of the existing rule, which states that an appointment in acting capacity should not exceed six months.
The board also alleged that the registrar failed to tender his retirement letter from MLSCN as a career officer at the point of taking up the appointment in a substantive capacity as required by civil service rule.
Specifically, the board contended that the appointment was a subversion of the existing provisions of “Interpretation of Public Service Rules on Compulsory Retirement Age and Year of Service in Relation to Tenured Appointments of Serving Public Officer”,
The provisions of the civil service rules, which the Board said were communicated in 2009 via a circular by the Office of the Head of Civil Service of the Federation (OHCSF), specifically state 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 term uninterruptedly.
“The career officer who has not retired or chose 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.
“The career officers who are currently holding tenured appointments are required to retire from the service with immediate effect and continue to run their term.
“Failure to do so will mean that they would vacate office on attaining the mandatory age of retirement or the expiration of their term, whichever comes first.”
The board alleged that Erhabor did not tender his retirement letter from MLSCN as a career officer at the point of taking up the appointment in a substantive capacity as required by the rule.
According to the board, Erhabor’s recent resignation from the Council as Director, four years after his appointment as Registrar, was aimed at shortchanging the system.
“Dr Tosan Erhabor did not resign from his position before taking up the appointment during his first tenure.
“He is currently 59 years old and must retire at the age of 60 on July 22, 2024, as per the date of his birth contained in his employee payslip.
“No bad precedence must be allowed to go unchecked. Allowing this illegality to go unchecked will establish a bad precedent in the service.
“The system must not allow for any sacred cow opportunism that will breed cynicism, shortchanging, favouritism, discomfort and hostile work environment,” the board said
The board added that it would not hesitate to seek redress in court if Erhabor was not relieved of his position as Registrar of MLSCN on July 22, when he would be 60 years old.
“The Board of Trustee has already briefed her attorney to prepare for litigation and other legal actions by practitioners of medical laboratory science and technology in Nigeria.
“The OHCSF and the Federal Ministry of Health are hereby put on notice that, in the event of the failure to ensure the exit of Dr. Erhabor in July 2024, we will pursue every legal process and action desirable,” the board said.
The Minister of State, however, assured that the ministry would respond to it soon.
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