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JOHESU TO FMOH: Appointment of Substantive Director of Admin at UPTH is Ultra Vires
Date Posted: 04/Nov/2017

ILLEGAL APPOINTMENT OF DIRECTOR OF ADMINISTRATION OF UPTH, P.H. BY THE FEDERAL MINISTRY OF HEALTH IN GROSS VIOLATION OF THE ENABLING ACT.

We write to bring to your attention that the appointment of a substantive Director of Administration of University of Port Harcourt Teaching Hospital,(UPTH) Port Harcourt by your Ministry  is ultra vires.

2. By the provisions of section 5(3) of the University Teaching Hospitals (Reconstitution of Boards, etc) Decree 1985 which is the law that established teaching hospitals in the country, it is only a Board of management duly constituted as provided by the law that can appoint a substantive Director of Administration of the hospital.

3. The Hon. Minister of Health is only empowered by section 17 of the Decree earlier cited to give directives of a general nature and not on specific matters and he is not allowed to undertake any function that had been assigned to the Board.

4. There is also nowhere in the law where it is stated that in the absence of a Board, the Federal Ministry of Health/Hon. Minister should assume the powers of the Board. It is wrong, illegal assumption and impunity to assume that in the absence of a Board, the Ministry can become a Board. The same goes for Governing Councils in the Universities.When there is noGoverning Council, no substantive Vice Chancellor (VC), Registrar or Bursar is appointed by the Federal Ministry of Education. They do not assume the position of the  Governing Councils like your ministry is illegally doing.This same illegal method of the FMOH had caused crisis in other Teaching Hospitals and Federal Medical Centres like University of Uyo Teaching HospitalUyoAkwa-lbomState etc.

5. Since there is no Board at present, the Hon. Minister of Health can only make provisions for an interim measure and not engaging in an act which is not within his powers. (A copy of the Decree is hereby attached and relevant sections asterisked for ease of reference).     

6. We have had situations in the past where there was no sitting Board and the Federal Ministry of Health/Hon. Minister of Health never appointed a Director of Administration, but the most senior Administrative officer assumed responsibilities in Acting capacity until a Board was in place which interviewed candidates and appointed a substantive Director of Administration accordingly. A case in point is the immediate past Director of Administration - Mrs. BomaAmaomu-Jumbo who acted for more than 2 (two) years in the absence of a Board. It was when a Board was subsequently constituted that she was appointed after interview alongside others.

7. In view of the above, the Joint Health Sector Unions (JOHESU) hereby issue the Hon. Minister of Health 14 days ultimatum from 1st November 2017 to reverse the appointment of a substantive director of Administration UPTH where you had already appointed an acting director of administration which is in line with the enabling law (Decree 10 of 1985) being an interim measure

 
Yours faithfully
 
Comr. awoibi Kristhien (CFAI) NUAHP Chairman
Comr. Samuel Nwafor NUAHP Secretary
Comr. Opusunju Clifford MHWUN Chairman
Comr. Wilfred Tende MHWUN secretary
Comr. I. Chinda NANNM Chairman
comr. I Chiagoro NANNM Secretary
Comr H Ogolo SSAUTHRIAI Chairman
Comr A Obianime SSAUTHRAIA Secretary
 
TO: The Permanent Secretary

Federal Ministry of Health

Abuja, FCT

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