Stakeholders demand enforcement of public service rule on retirement age for CMDs

Stakeholders in the health sector  have called on Federal Government to enforce the public service rule on the tenure and statutory retirement age for Chief Medical Directors (CMDs) and Medical Directors in tertiary hospitals in the country.

According to a circular from the Head of civil service dated 27th of July 2009 on the interpretation of public service rules on compulsory retirement age/year of service in relation to appointment of serving public officers signed by former Head of the Civil Service of the Federation, Mr Stephen Orosanye, stated that the attention of the Federal Government has been drawn to the need to correct interpretation of the public career officers who are serving as Executive Directors or Director-General.

The circular reads: “Chief Executive of parastatals, agencies and government owned companies. For avoidance of doubt, and in other to maintain discipline and integrity of the public service rules, which prescribe 60 years of age or 35 years of service for mandatory retirement should be strictly complied with according to the following guidelines shall apply.

“That career officers who wish to take up tenured appointments should at the point of taking up the appointment, retire from service to ensure they run their term uninterrupted. That career officers who may have not retired or choose not to retire from service, before the commencement of their tenured appointment, must leave office on attainment of the mandatory age/year of service for retirement. That career officers who are currently holding tenured appointments are required to retire from the service with immediate effect and continue to run their term. Failure to do so would mean that they would vacate office on attaining the mandatory retirement age or at the expiration of their term whichever comes first.

“The content of this circular should be brought to the notice of all concerned for strict compliance and uniform application in all federal parastatals and agencies,” it reads.

Commenting, former Chairman, Senior Staff Association of Universities, Teaching Hospitals, Research Institutes & Associated Institutions (SSAUTHRIAI)  LUTH, Mr Kehinde Adegoke said, there is need for the protection of the application of the rule of law, obedience to the rule of service and avoidance of bad precedence.

“We have a situation whereby the former head of service of the federation, Prof. Oladapo Afolabi, stepped down on the attainment of the statutory retirement age of 60 years. Some of the CMDs in our teaching hospitals are overstaying in the office as against the stipulated age requirement and this is not good for a place known for integrity. The CMD is in the cadre of a director and directors come under a permanent secretary; the condition for the director is stipulated in public service rule 020810 section IV.”

Adegoke said that teaching hospitals have in abundance qualified personnel to fit in the position of CMD which there was no reason for someone staying in the office arbitrarily.

“Sometimes because this CMD came in through the back door they tend to exhibit high-handedness and who will benefit from their lawlessness? We have a case of Prof. Eugene Okpere of University of Benin Teaching Hospital that followed due process and retired upon the statutory age. There should not be a double standard in this regard,’’ he said.

Adegoke maintained that there had been some commission in the past that were asked to look into the matter, but their recommendations never was the light of the day, perhaps because of some underhand factors.

“If Academics Union (ASUU) is clamouring for 65 years, that is for the teaching not administration at the teaching hospitals. What they fought for and granted was a 70 year extension for professors to retire and if they did not become professor before 65, they retire same year. What we have in LUTH, Neuro-Psychiatric Yaba, Federal Medical Centre (FMC) Ebute Meta and National Orthopaedic Hospital, Igbobi and other hospitals under the Ministry of Health is that they don’t have a professor in their cadre. Teaching hospital never had the position of professor in its cadre of their service; Ministry of Health did not have provision for such.

“In LUTH, there were about 350 consultants with about 200 out of them qualified to be CMD, this same situation happened in Owerri too. Most of the professors are jostling for the position because the position looks lucrative and as such they would do anything to get it.”

Adegoke however implored the head of service of the federation to intervene in this matter “and protect the integrity of public service rule been decimated by the CMDs.”

In his opinion, the immediate past Chief Medical Director, Lagos University Teaching Hospital (LUTH), Prof Akin Osibogun said tenures and conditions of service for all public servants and including those appointed into executive positions are guided by laws establishing those institutions and other rules and circulars emanating from Government from time to time as the employer. “Hopefully after considering factors of best output in public interest, those laws and rules are in the public domain,” he said.

Chairman, Nigerian Medical Association (NMA), Lagos State chapter, Dr Tope Ojo said that the law was clear on the situation and that there was no ambiguity in the position of NMA.

“What we have here in the civil service policy and Orosanye’s report is clear. We have written to the Ministry of Health on what the law says.

“Dr Rahaman Lawal, Medical Director of Psychiatric Hospital, Yaba was removed based on this law, others should follow and LUTH is not the only one left we have about 10 others. Psychiatric Hospital Yaba Medical Director was removed because there was a massive protest which involved all cadres of workers doctors inclusive, why not apply the law across board,’’ he said.

However, the Minister of Health, Professor Isaac Adewole said that the issue of the tenure of appointment of the CMD was a case before them.

“It is a challenge we inherited, when we are able to take decision on it we will come out with a policy that will address the matter in a comprehensive manner. We don’t want to address the matter on ad-hoc basis, the matter is quite receiving attention in the ministry and feedback will be given in January, 2016,” he said.