A Federal High Court, Abuja judge, Justice B.F.M. Nyako on Friday (the 27th day of November 2020) declared Section 8.5 of the Nursing & Midwifery Council of Nigeria, NMCN, Rules and Regulations made pursuant to Section 6 (2) of the Nursing and Midwifery (Registration, etc) Act, CAP N143, of 2004, invalid, void, unconstitutional and a violation of Section 37 & 42(1) (a)(b) of the 1999 Constitution (as Amended).
The said Section 8.5 of the regulations (supra) prohibits male nurses and midwives from changing their names after the registration by the Council.
The Section provides that; Change of name shall be allowed for married women only and this applies to change in surname only.
Names first indexed in Council’s Records must be maintained in subsequent training and must be written in full.
Addition or change of other names is not acceptable.
Only three consistent names in full will be acceptable for NMCN’s records.
NMCN does not allow for change of names for males.”
Whereas; Section 37 (supra) guarantee” the privacy of citizens, their homes,..”.
And according to Section 42(1);
(1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:-(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or
(b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic
groups, places of origin, sex, religions or political opinions.”.
Though the judge appreciate the mischief that the provision of the regulation was meant to check and/or it being designed in regulate the profession against quacks but stated that the Constitution is supreme and all Laws or regulations must bow!.
The court stated further that any law that is inconsistent with the provisions of the Constitution is null and void to the extent of its inconsistency.
The court directed the Council to renew the practicing licence of Joseph Ezie Efoghor and Onoko George Marshall ones it’s clear that their identity is not in doubt.
Mr. Odiana Eriata of counsel who represents the Applicants in court in Suits No. FHC/ABJ/CS/243/2020 & Suit No.FHC/ABJ/CS/244/2020 respectively was very elated over the striking down of the said provision of the regulation by the court and the pace at which the suit was determined.
According to Odiana Eriata Esq. he said the case was argued the very first day the matter came up in court and judgement was reserved and the well research judgement was delivered timeously.
