‘Unconstitutional, modern-day slavery’ — medical consultants fault anti-brain drain bill

The Medical and Dental Consultants Association of Nigeria (MDCAN) says a bill seeking to mandate medical and dental practitioners to practice for five years before relocating abroad is unconstitutional.

In a statement on Saturday by Victor Makanjuola and Yemi Raji, president and secretary of MDCAN respectively, the association said the bill, if passed into law, is a total contravention of section 34 (1) b and c of the constitution of the federal republic of Nigeria. 

The association noted that the bill is also “an excellent example of modern-day slavery”.

“Curiously, the bill violates the constitution of the federal republic of Nigeria, as Section 34 (1) b states that “no person shall be held in slavery or servitude” while section 34 (1) c states that “no one shall be required to perform forced or compulsory labour”. This bill is, therefore, an excellent example of modern-day slavery. Considering this rather odious bill as a measure for regulating one of the noblest professions is shocking and very disrespectful,” the statement reads. 

The medical experts said the bill if allowed to stand, would not give an expected outcome as the promoter failed to under the problem behind the brain drain.

“This bill, without making any assumptions about the ill intent from the proposer, simply lacks the basic ingredients of good faith in the sense that it is both discriminatory and harsh, to say the least, and not in the interest of the people.

“In fact, this bill has the possible effect of doing the exact opposite: aggravating the exodus which we have been working with the executive arm of government to mitigate,” the statement added.

“It is pertinent to state that none of the suggestions of the inter-ministerial committee on brain drain and health worker bonding has been implemented. Perhaps, a simple consultation with the primary constituency to be affected by the bill would have afforded the honorable member a clearer understanding of the hydra-headed nature of the problem he is trying to solve.

“The bill erroneously assumes that only newly qualified doctors are emigrating from Nigeria. Recall that MDCAN has, over the past two years, been at the forefront of calling the attention of policymakers in government and other critical stakeholders to the ongoing, massive health sector brain drain. Our 2022 survey revealed that over 500 consultants were estimated to have left Nigeria over the preceding two years. 

“Along with sister associations in the health sector, we have provided to the appropriate agencies of government both useful and practical suggestions on how to remedy the situation. You may wish to know that fresh doctors work under the supervision of the more senior ones.

“Without addressing the retention of the more senior doctors, coercion of the fresh doctors to stay in the system will be futile if quality and effective health care delivery is the ultimate desire of the proponents of the bill. The question now is, are we going to have another bill to mandate the senior doctors to stay in the system for 10 years?

TheCable had reported how Ganiyu Johnson, an All Progressives Congress (APC) lawmaker from Lagos, sponsored the bill which seeks to amend the Medical and Dental Practitioners Act 2004, to address the brain drain in the Nigerian health sector.

If passed into law, medical and dental practitioners trained in the country will have to practice for at least five years before they are granted a full licence.