From Ndubuisi Orji, Abuja
Recently, the House of Representatives Committee on Public Petitions, in the exercise of its power told the Executive in an unambiguous terms, that it exceeded its bounds in a case involving the Federal Ministry of Health and embattled Medical Director of the Federal Neuropsychatric Hospital, Enugu, Professor Monday Igwe.
Section 88 and 89 of the 1999 Constitution (as amended) empowers the National Assembly to oversight the Executive Arm of government, especially as it concerns checking the excesses of the latter in the principle of separation of power. It is based on this oversight powers that the House of Representatives received a petition from the MD of the Federal Neuropsychatric Hospital, Enugu.
Professor Igwe had petitioned the House, challenging his removal as MD of the Neuropsychatric Hospital, Enugu.
Igwe, in his petition to the House had contended that his suspension and subsequent termination of his appointment did not follow laid down procedure. Consequently, he prayed the parliament to declare his suspension and termination of his appointment illegal and direct the government to reinstate him.
Igwe, while testifying before the committee, had explained that “I was appointed as medical director for the second and final term with effect from April 1, 2023. Around September, there was frivolous petitions from the acting principal of the school and some social media information that was misleading and not true. For example, he claimed that the School of nursing was closed and that I was responsible for that.
“Then on September 5, 2023 , the Federal Ministry of Health gave me a query to respond to the allegations of closing the school. The school was not closed, it was the Nursing and Midwifery council that withdrew accreditation. So, I didn’t close school. I responded on 8th of September. I was expecting that I would be called for fair hearing.
“ On 20th of September, I got a suspension letter without any recourse to me to explain what I have written as a response to the query. And it was very unfair. I wasn’t given a fair hearing and the suspension was indefinite. And in public service, there is nothing like indefinite suspension. It is either you suspend somebody for three months or for six months. But I was suspended indefinitely.”
Igwe’s counsel, Micheal Okorie , told the panel that action of the Hearth ministry, “including the suspension and termination did not follow the laid down procedure in the circular from the SGF.”
He added that “disciplinary procedure against chief executives of federal parastatals should follow certain procedures , that any action in respect of suspension should be routed through the Office of the SGF to the President. It is Mr President that will take a decision about the suspension or termination of the appointment of a chief executive officer. But in this case, they did not follow the procedure.”
However, the Permanent Secretary, Ministry of Health, Daju Kachollom, in her response said the suspension and subsequent termination of Igwe’s appointment as the MD of the Federal Neuropsychatric Hospital, Enugu was in accordance with extant rules.
She explained that Igwe was suspended based on a petition from the institution. According to her, after his three months suspension elapsed, it was further extended for another three months before his eventual sack.
According to her, a lingering crisis in the hospital dating back to 2017, two years before the appointment of Igwe as Medical Director, necessitated the constitution of a 7-man investigative panel, to unravel causes of the crisis.
Kachallom said, “when I became PS in August 2023 in the federal ministry of health, we got a lot of petition, we got a lot of petition in respect to Professor Igwe’s tenure as the MD. And when the ministers came on board, we spoke with the director, Human Resources, I was informed that this has been going on since 2017, that the problem that has been going on in that place was from 2017. Yes, Professor Igwe got there in 2019. But it still continued.
“And I said put up a committee. I set up a committee. I said I need you to go and investigate. But before then, in September, 5th of September to be precise, I instructed the director Human Resources to begin disciplinary procedure. And a letter was sent to him to explain within a stipulated time why disciplinary procedure will not be taken against him. This was done and he responded.”
Regardless, the lawmakers, unimpressed by the Permanent Secretary’s explanations, wondered why Igwe’s appointment was terminated after he was issued only one query; and why the Ministry of Health disregarded the recommendations of a 7-man panel, which recommended the reinstatement of the latter.
One of the lawmakers, Fred Agedi, while addressing Kachallom, said “you educated us today that the rules prescribe three warnings and you remember that only one query and the others maybe are verbal, and you haven’t been able to refer us to the provision where verbal can suffice for a written warning or query.”
Agbedi added, “chairman, tell PS to refer us to the rules. We are talking of rules. Nobody can talk on his own when it comes to running government. Take us to the rules that say for whatever offense, three months suspension. Tell us the rules that you also have the power after the three months to also extend the suspension for another three months. Refer us to the rules.”
However, Kachollom, in her response said “as I sit here Honourable chairman, with deep respect to the House, everything that I did, is based on the procedure. I might not have the commission guideline here, but what we did is based on disciplinary procedure.
“Nevertheless, she was unable to refer the lawmakers to the relevant section of the rule, on which the action of the ministry was based.
The lawmakers also took exception to the sack of Igwe, regardless of the report of the 7-man investigative panel that probed the crisis in the Hospital. They wondered why the Ministry would set up an investigative panel and disregard the recommendation of the panel in taking decision in respect to the subject matter.
The member representing Oshodi Isolo Federal Constituency 11, Jesse Onuakulusi, in his intervention said “I want to refer you to your committee recommendation. If you look at your letter dated 24th day of November, 2023, paragraph five said “ To this end, a 7-man ministerial committee was inaugurated with representative from office of the Head of Service and the Federal Ministry of Health.
“The committee after concluding proceedings made the following findings and recommendation: Professor Monday Igwe, Medical Director having committed only one infraction, non adherence to the administrative procedure that is imposing disciplinary measures such as issue of query, stoppage of salary etc, therefore should be allowed to be reinstated by the Ministry as the medical director of federal Neuropsychatric Hospital, Enugu.”
Consequently, the chairman of the committee, Mike Ataba, in his ruling said “ we have listened to this matter. We don’t need to call the Honourable Minister of Health for state. Mr President has been misled for him to replace this man ( Igwe). And the House’s position is that this man be reinstated back to his duties and that will be our recommendation to the floor.”