Dr. Emmanuel Chukwuemeka Nwafor V. Medical And Dental Council Of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Ruling of the Federal High Court, Abuja delivered on the 27th day of June, 2012 in Suit No. FHC/ABJ/CS/28211.

The appellant was the plaintiff instituted at the lower Court. He instituted an action by Originating Summons dated and filed on the 25th day of February, 2011 for determination of the following questions:

i) Whether, having regard to the provisions of Sections 6(5) (6) (7) and 9(5) of the Medical and Dental practitioners Act cap M8 LFN 2004, the defendant did not act ultra vires its powers when it purportedly removed the plaintiff?s name from the Register of Medical and Dental Practitioners of Nigeria vide its letter of 27th August, 2007, its publication in the Guardian Newspaper of Thursday, 17th June, 2010 and through its continues statements to its members on the subject.

ii) Whether (if the Defendant did not act ultra vires its power) the Defendant could be said to have validly removed the plaintiff’s name from the register of Medical and Dental practitioners of Nigeria when it failed and or neglected to give notice to the

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plaintiff of its proposal to do so in line with Section 8(4) of the Medical and Dental Practitioners Act cap M8 LFN 2004.

iii) Whether the defendant, having approved the plaintiff’s qualifications and awarded him certificate of Full Registration to practice medicine in Nigeria, since 11th November, 1983, can purportedly remove the plaintiff?s name from the Register of Medical and Dental Practitioners of Nigeria without justification.

iv) Whether the defendant gave the plaintiff fair hearing before proceeding to remove his name from the Register of Medical and Dental Practitioners of Nigeria.

?

And the plaintiff would apply for the following reliefs against the defendant:

1a) A declaration that the defendant acted ultra vires its powers when it purportedly removed the plaintiff’s name from the Register of Medical and Dental Practitioners of Nigeria OR

ALTERNATIVELY.

1b) A declaration that there is no valid removal of the plaintiff from the Register of Medical and Dental Practitioners of Nigeria in view of the defendant’s failure and or neglect to give notice of its proposal to do so to the plaintiff as required by Section 8(4)