The Registrar, Medical and Dental Council of Nigeria.
Dear Sir,
THE ROT IN THE MEDICAL AND DENTAL PRACTITIONERS’ INVESTIGATING PANEL: AN OPEN LETTER OF APPEAL FOR YOUR INTERVENTION TO INVESTIGATE THE FRAUD COMMITTED IN THE INVESTIGATION OF MY PETITIONS AND TO ENSURE THAT AN UNBIASED PANEL IS SET UP TO INVESTIGATE MY PETITIONS AS SUBMITTED TO THE MEDICAL AND DENTAL COUNCIL OF NIGERIA.
I complained against the professional misconduct of some Doctors to the Medical and Dental Council of Nigeria (MDCN) in my petition dated 17th January 2014. Unfortunately, the Medical and Dental Practitioners Investigative Panel (MDPIP) without calling for any hearing to clarify contradictory positions dismissed my case via MDPIP/617/213 dated 11th August 2014 written to me in contravention of Section 15(1) of the Medical and Dental Practitioners Act CAP M8, 2004; that says the MDPIP does not have the powers to pronounce judgment on Complaints submitted to the MDCN; but rather the MDPIP should forward its findings to the MDCN Disciplinary Tribunal for final determination.
Convinced that I was wronged, I turned to the regular court for justice at Kwara State High Court, Ilorin and complained against professional negligence of one of the Doctors (First Defendant) and the Medical Director of the Hospital where he committed the act of professional misconduct. The First Defendant brought a notice of preliminary objection saying the MDPIP already dismissed my case. The Judge ruled clearly that the MDPIP acted beyond its powers, hence only final pronouncements from the MDCN Disciplinary Tribunal can be acted upon as judgment of the court. The Judge equally noted that the case before the Kwara State High Court is complaint of professional negligence different from professional misconduct against the Defendants. A certified copy of the ruling of the Kwara State High Court, Ilorin in the Suit No: KWS/382/2014 and delivered on 10th October, 2016 was attached as an exhibit to my petition of 31st January, 2017 and duly submitted to the MDPIP.
The Medical Director of the Hospital where the Doctor (First Defendant) committed his professional misconduct, claimed in two separate sworn affidavits (i) submitted as Second Defendant in the Suit No: KWS/382/2014, and (ii) submitted as one of the Defendants to the MDPIP in response to my petition of 31st January, 2017, that the First Defendant was never invited for consultation of any kind with anyone in his hospital, that he was never a staff (permanent or locum) in his hospital, that he has never met him before in life until my petition came up; that what took place in his hospital was a fraud, and that the First Defendant should show any evidence to the contrary either by letter, text or call logs. Yet, the MDPIP continues to protect this evil!
Since the Doctor and his collaborators knew there was no way out, they got another Doctor to act unethically to assist the defense of the First Defendant in the Suit No: KWS/382/2014, which was already at an advanced stage after the dismissal of the preliminary objection of the First Defendant. They believed I should be forced to accept their evil deeds!
I duly complained to the MDCN via my petition dated 31st January 2017 against this new criminal violation of my fundamental human rights. I waited endlessly for the responses of Respondents and wrote letters personally and later through my lawyer, Barrister Adewale Oseni demanding for the responses of the Doctors (Respondents) before I was eventually obliged the responses of the Respondents in piecemeal, and the MDPIP sending the counter affidavit of one of the Doctors (Defendants) sworn to on the 14th December, 2017 and communicated to me via an incomplete referenced letter, MDPIP/759/ dated 20th December 2017 and the counter affidavit of the Medical Director of the Hospital where the First Defendant committed his professional misconduct sworn to on the 15th December 2017 and communicated to me via an incomplete referenced letter, MDPIP/759/ dated 27th December 2017. I equally sworn to further affidavit against the Doctors’ counter affidavits on the 8th January, 2018.
To my utmost surprise, I was sent another letter MDPIP/759/78 dated 8th February 2018 in a most premeditated manner informing me that the MDPIP had sat on my petition during its 19th Session held in Lagos between 12th and 17th November 2017 and dismissed same, obviously on dates before the counter affidavits of some of the Doctors (Defendants) were deposed to on 14th December 2017 and 15th December 2017 respectively; and subsequent service of same on me via letters MDPIP/759/ dated 20th December 2017 and 27th December 2017. I say with utmost respect that the action of the MDPIP in dismissing my petition without hearing parties concerned is in contravention of the known principles of natural justice and smacks of under hand dealing of the Doctors (Respondents) and the members of the MDPIP which has resulted in injustice to me.
It is my contention that since it is crystal clear that the MDPIP was yet to be in the receipt of the copy of the counter affidavits of some of the Doctors (Defendants) and my further affidavits, the dismissal is premature, premeditated and unlawful. Thus, in consultation with my lawyer, Barrister Adewale Oseni, I communicated my dissatisfaction with the brazen injustice of The MDPIP and the professional misconduct of one of the Doctors (Defendants) whose counter affidavit was dated 14th December, 2017 and the Medical Director of the Hospital where he committed his professional misconduct, via a petition dated 14th February 2018 and duly submitted same to the MDPIP. The MDPIP is yet act on this petition till date.
Thereafter, upon my instruction, my lawyer, Barrister Adewale Oseni, wrote the Registrar of the MDCN on 30th March, 2018 intimating him of the obvious partiality and injustice of the MDPIP and demanded for the nullification of the purported and unjustified dismissal of my petitions of 17th January 2014 and 31st January 2017, reinstatement of my petitions and constitution of an unbiased Panel to investigate and ensure justice to my petitions of 17th January 2014, 31st January 2017 and 14th February 2018, against the Respondents. There has been no acknowledgement of the receipt of our letter let alone any action from your office as the Registrar of the Medical and Dental Council of Nigeria till date.
The fraud committed by the MDPIP in the injustice committed against me and the non-investigation of my petitions became very clear based on the following facts: 1. Letters MDPIP/759/ dated 20th December 2017 and 27th December 2017 written to me were deliberately provided with incomplete reference numbers because, the MDPIP had decided my case earlier during its 19th Session held in Lagos between 12th and 17th November 2017, without the counter affidavits of some of the Doctors (Defendants) dated 14th and 15th December, 2017 respectively, especially the Medical Director of the Hospital where the First Defendant committed his professional misconduct and whose counter affidavit was most crucial to the investigation of my petitions. 2. The MDPIP decided earlier on my petition of 31st January, 2017, during its 19th Session held in Lagos between 12th and 17thNovember 2017, without my response affidavits to the counter affidavits of the Doctors (Defendants) communicated to me via letters MDPIP/759/ dated 20th December 2017 and 27th December 2017. 3. One of the Doctors (the First Defendant) brought a counter affidavit sworn to on 18th October, 2017 and purportedly submitted in response to my petition of 31st January, 2017 to the MDPIP, whereas, the MDPIP sent me a copy of the counter affidavit of the same Doctor (First Defendant) sworn to on 26th May, 2017 and communicated to me via a letter MDPIP/759/70dated 5th September, 2017. 4. In the first paragraph of MDPIP/759/70, the MDPIP claimed that the counter affidavit of the same Doctor (First Defendant) was earlier despatched to me on 14th July, 2017. However, I did not receive the letter said to have been despatched to me on 14th July, 2017! This was why I requested for the affidavits of the Defendants through my lawyer, Barrister Adewale Oseni, when we got hold of the letter written by the MDPIP to the said Doctor (First Defendant) which was attached to my petition of 31stJanuary, 2017 and brought to court in the Suit No: KWS.382/2014 for my cross-examination by the lawyer of the First Defendant in 2017. 5. The MDPIP then had no option but to send the counter affidavit of the First Defendant to me because the letter written to the First Defendant via MDPIP/759/65 dated 27th April, 2017, requested the First Defendant to send his response within 30 days of the date of the letter. 6. That my petition dated 31st January 2017 which was communicated to the First Defendant with an accompanied cover letter MDPIP/759/65 dated 27th April, 2017, requested the First Defendant to send his response within 30 days of the date of the letter. Hence, the First Defendant could not have deposed to a counter affidavit for the same purpose dated 18th October 2017 well after more than 150 days! 7. The date on the letter MDPIP/759/70 (5th September, 2017) and the date referenced by the MDPIP in the same letter (14thJuly, 2017) both confirmed clearly that the First Defendant’s counter affidavit was sworn to on 26th May, 2017. 8. I provided my further affidavit dated 20th September, 2017 in response to the counter affidavit of the said Doctor (First Defendant) dated 26th May 2017 and duly submitted same to the MDPIP. 9. The two counter affidavits of the said Doctor (First Defendant) had same content but different passport photographs of the said Doctor and sworn to on different dates! 10. The purported counter affidavit of the said Doctor (First Defendant) sworn to on 18th October, 2017 meant that some corrupt members of the MDPIP must have lied to say that I presented no further affidavit in response to the counter affidavit of the First Defendant! This is because I provided my further affidavit in response to the counter affidavit of the First Defendant dated 26thMay, 2017 and NOT the purported counter affidavit dated 18th October, 2017! 11. Obviously, the Doctor (First Defendant) could not have submitted different counter affidavits to the MDPIP with respect to the same petition! This shows the extent of the fraud committed by the MDPIP in ensuring that I am denied justice!
Kindly note Sir, that this is my FOURTH appeal to you to positively intervene in this matter, to ensure justice in the investigations of my petitions and redeem the image of the MDCN which some corrupt members of the MDPIP are bent on bringing to ridicule. I have earlier written you through my lawyer, Barrister Adewale Oseni on 30th March, 2018, and twice through open letters to you via the Daily Post of Nigeria (Save my soul appeal to the Registrar of Medical and Dental Council of Nigeria and Inspector General of Police dated 24th April 2018; and Dr. Akinlolu A. Adelaja: Save my Soul to Speaker, House of Reps, reminder on call on Registrar of MDCN, IG of police for justice in my case dated 16th May 2018). I sincerely hope that you will act positively and ensure justice in my case this time around.
No nation can grow beyond the capacity of its institutions at ensuring justice and building a virile nation. No nation can progress with a medical profession that disobey the ethics of the medical profession! If the MDPIP engages in clear fraud in disregard of the ethics of the medical profession, how much more of the capacity of the MDCN to ensure that Nigerian Doctors abide by the ethics of the medical profession in training and practice! I urge you Sir, to kindly intervene and ensure that an unbiased Panel is set up to investigate my petitions of 17th January 2014, 31st January 2017 and 14th February 2018, against the Respondents as submitted to the MDPIP and ensured that they are heard on the merit.
Thank you as I look forward to your prompt and urgent consideration of my request.
Dr. Akinlolu, Abdulazeez Adelaja writes from the Department of Anatomy, University of Ilorin.
Comments