Separate medical laboratory science dept not enforceable in hospitals – Court of Appeal

By Tobias Lengnan Dapam Abuja

The Nigerian Medical Association (NMA) has said that the Court of Appeal has confirmed that Chief Medical Directors/Medical Directors (CMDs/MDs) are not under any legal obligation to set up the Department of Medical Laboratory Science in hospitals aside from the Pathology Laboratories departments headed by qualified Pathologists.
NMA in a statement issued yesterday by its Secretary General, Dr. Olumuyiwa P. Odusote said “this is sequel to the judgment of the Court of Appeal on the 4th of June, 2018 in the case with Appeal No. CA/A/410/2017 “between Professor Edmund Banwat (CMD JUTH) and Mr. Ali Bitrus (DA JUTH) – Appellants Versus Association of Medical Laboratory Scientists of Nigeria, Association of Laboratory Scientist of Nigeria (JUTH Chapter), Mr. Ntuhun Bala Dennis Chairman AMLSN JUTH Chapter and Mr. Binde Samuel Zwakun Secretary AMSLN JUTH Chapter – Respondents,”
where by unanimous judgment of the three Honourable Justices set aside the contempt of court case against Professor Edmund Banwat, the Chief Medical Director (CMD) and Mr. Ali Bitrus, the Director of Administration (DA) of Jos University Teaching Hospital (JUTH).
“In the judgment, they stated that the National Industrial Court of Nigeria (NICN) judgment for the setting up of parallel medical laboratory science “department” is not enforceable on any CMDs/MDs.
Therefore Prof. Edmund Banwat and Mr. Ali Bitrus were discharged of the contempt of court case against them.”
The Medical Association further commended the judgment and called on all well meaning Nigerians to continue to patronize Pathology laboratories headed by Pathologists for the best patient management in the hospitals.