A Lagos State High Court in Ikeja has dismissed a suit seeking a declaration that nurses and midwives under the aegis of Association of Registered Nurses and Midwives of Nigeria are not subject to the Health Sector Reform Law of Lagos State 2006.
Justice Raliat Adebiyi in a judgment on March 2, 2018 dismissed the plaintiffs’ suit for lacking in merit.
The judge held that contrary to the plaintiffs’ contention, they were subject to enabling law in whichever state they practise, notwithstanding the enabling Act of their profession.
In the suit, marked ID/1207GCM/16, filed by one Omotosho Fola and others, the plaintiffs had urged the court to declare as null and void certain provisions of the Lagos State Health Sector Reform Law that were inconsistent with some portions of the Nurses and Midwifery Registration Act.
They argued that Lagos State could not legislate on professional bodies, which were provided for under the exclusive legislative list.
But the state argued that what it legislated upon was not the professional body of nurses and midwives but on health matters, provided for in the residual legislative list.
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