JOHESU alleges regulatory apartheid in proposed health act amendments

… Urges N’Assembly to halt bills
By Chioma Obinna

The Joint Health Sector Unions, JOHESU, has raised the alarm over what it described as “an attempt to impose a regulatory apartheid regime” in Nigeria’s health sector through proposed amendments to key health laws, warning that the move could destabilise professional practice and undermine international best standards.
Addressing journalists, JOHESU leaders accused some medical practitioners of pushing executive-backed amendment bills that would override the statutory powers of other health professional regulatory bodies.
Speaking, Chairman of JOHESU, Comrade Kabiru Ado Minjibir, said the healthcare sector is multi-professional and multidisciplinary and warned against what he called “the inordinate ambition to subordinate other professions under one regulatory umbrella.”
“The healthcare system thrives on teamwork and interdependence. No single profession is the Alpha and Omega of healthcare delivery. Each profession has its statutory mandate, body of knowledge and regulatory framework established by law to protect patients and the public.”
JOHESU cited past legal battles where courts upheld the regulatory independence of non-medical professional bodies such as the Pharmacy Council of Nigeria (PCN), the Medical Laboratory Science Council of Nigeria MLSCN, and the Radiographers Registration Board of Nigeria, RRBN.
Minjibir referenced a 2007 Federal High Court ruling in Lagos which affirmed the powers of the PCN to regulate pharmacy practice in both public and private sectors.
“The courts have consistently validated the authority of these councils to regulate their professions in the best interest of society,” he said. “It is therefore disturbing that fresh legislative manoeuvres are being deployed to secure through the backdoor what could not be proven in court.”
He also recalled a suit filed in 2018 by the Medical and Dental Consultants Association of Nigeria (MDCAN), seeking a declaration that the Medical and Dental Council of Nigeria, MDCN, should regulate other allied professions. The case, he noted, was struck out for lack of evidence.
JOHESU expressed strong opposition to proposals to alter the composition of the PCN governing board by introducing what it termed vague “community interest” representatives.
“The mandate of the PCN covers regulation of pharmacy education, training, practice and business in all ramifications, including patent medicine vendors and pharmacy technicians,” Minjibir stated. “Injecting so-called community interests into its governing structure undermines professional autonomy and threatens Good Pharmacy Practice standards recognised globally.”
He argued that drug regulation falls under the Exclusive Legislative List in the 1999 Constitution, stressing that pharmaceutical governance requires specialised expertise due to its sensitivity.
“Any undue interference in pharmacy regulation exposes Nigerians to substandard practices and weakens patient safety,” he warned.
On the long-standing dispute between doctors and medical laboratory scientists, JOHESU referenced a 2016 judgment of the National Industrial Court which affirmed the professional equality of medical laboratory scientists.
In the ruling, the court held that by virtue of Section 29 of the MLSCN Act 2003, medical laboratory science enjoys exclusive jurisdiction over its professional scope and cannot be subordinated to another profession.
“Like all other professions in medical science, they deserve to be masters of their trade,” the court declared.
JOHESU said any attempt to redefine laboratory science under medical control would amount to discrimination and violate established legal precedents.
The union also criticised provisions in a proposed Medical and Dental Practitioners Act 2026 bill, particularly clauses it says restrict prescription rights without clearly defining what constitutes a prescription.
According to JOHESU, the provisions undermine the Community Health Practitioners framework and could reverse global trends where pharmacists and other trained cadres are lawfully authorised to prescribe specific categories of medicines to improve efficiency and reduce waiting times.
“This runs contrary to international best practices and weakens primary healthcare delivery,” said General Secretary Comrade Martin Egbanubi.
Warning Against Legislating on Sub Judice Matters
JOHESU further argued that some of the issues targeted for amendment are currently subjects of pending appeals, making legislative action premature and potentially contrary to parliamentary rules.
“Legislating on matters before courts of competent jurisdiction is improper,” Minjibir said. “The National Assembly must not be misled into enacting laws to settle professional rivalries.”
The union called on the National Assembly to reject any amendment that would centralise regulatory authority under one profession, insisting that such a move would “spell doom for the health sector.”
“We will resist any attempt to foist an apartheid regime in the Nigerian health sector, just as apartheid was resisted in South Africa,” Minjibir declared. “What is at stake is not professional ego, but patient safety, institutional stability and Nigeria’s compliance with international best practices.”
JOHESU urged lawmakers to prioritise collaboration, statutory clarity and respect for existing legal frameworks in the overall national interest.

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