Gentlemen/Ladies of the fourth
estate of the realm, we are worried by the festering crises of confidence
playing out in the Federal ministry of health with specific reference to the
reported intransigence of the now suspended executive Secretary of the NHIS
Usman Yusuf.
First and foremost, we are
intervening in our capacity as practioners in the human rights sector primarily
involved in the promotion of the human rights of all Nigerians one amongst
which is the right to qualitative healthcare.
Gentlemen, you are aware that
the 1999 constitution remains the grund norm governing the conducts of public
affairs. In section 14(2) (a) and (b) the constitution says: “It is hereby,
accordingly, declared that-
(a) Sovereignty
belongs to the people of Nigeria from whom government through the Constitution
derives all its powers and authority.
(b) The
security and welfare of the people shall be primary purpose of government.
Corollary,
Section 147 (1)(2)and (3) of the Constitution affirmed thus: “(1) There shall
be such offices of ministers of the Governments of the Federation as may be
established by the president
(2)Any
appointment to the office of Minister of the Government of the Federation
shall, if the nomination of any person to such office is confirmed by the
Senate, be made by the President.
(3)Any
appointment under subsection (2) of this section by the President shall be
conformity with the provisions of section 14(3) of this Constitution”.
Most
of these aforementioned provisions of the highest law in the land says that the
president appoints the Nigerian Ministers for the purposes of good governance.
Now,
the Nigerian appointed by Mr. President to take charge of the health sector
feels strongly that the NHIS (a parastatal) under him is not properly governed
based on reported petition and he ordered for probe.
The
Minister of Health Prof Isaac Adewole has explained why he directed the Chief
Executive Officer of National Health Insurance Scheme (NHIS), Usman Yusuf. He
is to proceed on three months suspension with immediate effect following
various accusations. Mrs. Boade Akinola, Director, Media and Public Relations,
Federal Ministry of Health made this known. Mrs. Akinola quoted the minister as
saying the suspension was a result of various allegations and petitions against
Mr. Yusuf. The minister also directed the setting up of an investigative
committee to look in the various allegations in accordance with the Public
Service Rules. The suspension was also to allow for uninterrupted investigation.
Following his suspension, he was directed to hand over to the next most senior
General Manager in the agency. He advised staff of the agency to be law
abiding, vigilant and safeguard all government properties including valuable
documents.
But
in what is out of sync with the best global practices, the Executive Secretary
publicly disagreed and created the impression that because he was appointed by
the Katsina State born President (his Kinsman) he is bound not to respect
constituted authority.
Constitutionally,
this type of nepotistic impression is illegal because the office of the
president of Nigeria is not an ethnic or religious trophy and loyalty is to the
constituted authority. Section 15 (4) of the Constitution says: “The State
shall foster of belonging and the involvement among the various peoples of the
Federal, to the end that loyalty to the nation shall override sectional
loyalties”.
We
say this because we read that the suspended E.S even petitioned his State
governor thereby reducing this official matter to look like a tribal warfare
.This is even made worst because of the nature of one of the allegations
against him (ES) that he unilaterally appointed over half a dozen middle level
officers and all are from the North even without following prescribed civil
service laws and the constitutional provision of Federal character principle.
The
suspended E.S sounded indecorous to publicly affirm that “I will not obey your
suspension order”. This is gross misconduct.
The
suspended Executive Secretary of the National Health Insurance Scheme, NHIS,
Usman Yusuf, has then gave five reasons why he will ignore his suspension from
office as ordered by the Minister of Health, Isaac Adewole.
Mr.
Yusuf, in his letter dated July 12, acknowledged receiving the suspension
letter dated July 6, but gave five reasons why he would not comply with the
suspension.
In
his own letter addressed to the minister, using the NHIS letterhead, Mr. Yusuf
said he received the letter directing him to proceed on three months suspension
with immediate effect to pave way for uninterrupted investigation of petitions
against him in accordance with Public Service Rules.
He,
however, said he would not comply with the directives for the following five
reasons:
“1.
By virtue of the NHIS Act particularly section 4 and 8 thereof, my appointment
and removal from office whether by way of suspension or otherwise is at the
instance of the President of the Federal Republic of Nigeria.
“2.
Except removed from office by the president under circumstances specified in
the NHIS Act, my appointment is for a period of five (5) years subject to
further term of the same period at the discretion of the president.
“3.
Although by virtue of section 47 of the NHIS Act, you are empowered to give
directives of a general nature to the Governing Council of the Scheme and in
the absence of the Council, you have Presidential mandate to exercise the
powers and functions of the council, but since the powers and functions of the
Council do not include discipline, suspension or removal of the Executive
Secretary of the Scheme from office, the directive in your letter under
reference cannot find comfort under the said section or presidential mandate;
and
“4.
The letter of suspension is not in accordance with Public Service Rules as no
prima facie case has been established against me in respect of the petition
referred to in the letter. The mere fact that there are pending petitions
against a public officer which is yet to be substantiated does not constitute a
ground for suspension under the Public Service Rules. otherwise, with over
18,000 petitions pending against public officer holders before the EFCC and
ICPC as at the end of June 2017, the total number of public officers who would
have been on suspension by now including Honorable Ministers is left to be
imagined.
“5.
As you are aware, the petition referred to in your letter are currently being
investigated by the ICPC which is yet to submit its report. In view of the
criminal nature of most of the allegations in the petitions,
security/investigative agencies like ICPC are the appropriate agencies for
investigation contemplated in your letter; not a Ministerial Committee. I have
cooperated fully with the investigations so far and will continue to do so.”
The
embattled health insurance chief asked that the minister allow “investigations
of these petitions to follow due process.”
HURIWA strongly urge all
stakeholders in the health sector NEVER TO ALLOW THEIR PERSONAL INTEREST TO
HARM THE STRATEGIC NATIONAL HEALTH INSURANCE SCHEME. We expect the health
minister and the National Assembly to partner effectively so as to widen the
scope of services rendered by NHIS so all Nigerians are covered by health
insurance policy. We propose that there should be a national legislation
to make it compulsory for every citizen to be enrolled into NHIS because the
fundamental human rights to quality and affordable healthcare services is a
strategic component of the UNIVERSAL DECLARATIONS OF HUMAN RIGHTS. We urge the
minister of health to scale up his supervisory roles to make sure that all the
agencies under his ministerial purview are obliged to comply with the best
global services.
*Comrade
Emmanuel Onwubiko; National Coordinator.
July 19th
2017.
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