The Lagos State branch of the Nigerian Medical Association (NMA) has implored President Bola Tinubu to expedite the full constitution of the Medical and Dental Council of Nigeria (MDCN). The association issued a warning that ongoing delays in this process could significantly impede the resolution of medical negligence claims and protract disciplinary actions involving healthcare providers.
This plea follows recommendations made by the Medical and Dental Practitioners Investigation Panel concerning the death of Nkanu Adichie-Esege, the 21-month- old son of renowned author Chimamanda Adichie. In a statement released on Wednesday and signed by its chairman, Saheed Kehinde, the NMA highlighted that the council's full establishment is crucial for the Medical and Dental Practitioners Disciplinary Tribunal to operate effectively and dispense justice.
"The recent recommendations from the Medical and Dental Practitioners Investigation Panel regarding the passing of 21-month-old Late Nkanu Adichie- Esege underscore the urgent necessity for the Federal Government of Nigeria to immediately appoint the members of the MDCN," the statement read. "This will ensure that the Medical and Dental Practitioners Disciplinary Tribunal can function, thereby preventing undue delays in justice for all parties."
The NMA emphasized that the MDCN serves as the principal regulatory body for Nigerians seeking redress in cases of alleged medical negligence.
The NMA Lagos branch stated that without a fully constituted council, the disciplinary tribunal remains non-operational. The association noted that this delay has resulted in a backlog of unresolved disciplinary cases, creating considerable mental distress for practitioners awaiting final judgments.
"The inauguration of the Council will also alleviate the continuous and unending disciplinary actions faced by medical and dental practitioners, and the consequent mental stress, as they await final decisions from the Medical and Dental Practitioners Disciplinary Tribunal," the association added. It was pointed out that while a chairman has been appointed, the remaining council members have yet to be appointed.
The NMA expressed concern that these delays reflect broader governance issues within the health sector. The failure to appoint council members and boards for federal health institutions, according to the association, exposes systemic weaknesses within the Federal Ministry of Health, characterising the situation as "dangerous, unacceptable, and disappointing."
The association also voiced criticism regarding the media and social media coverage of the Investigation Panel’s findings, cautioning that premature public discussion could jeopardise the principle of fair hearing. "The public is only privy to the report of the Disciplinary Tribunal, not the Investigative Panel's findings," it clarified.
In addition to the MDCN, the NMA urged the federal government to establish the boards for federal health institutions and agencies to bolster governance within the sector.
"NMA Lagos State calls on President Bola Ahmed Tinubu to urgently constitute the membership of the Council to prevent unnecessary delays in justice for matters involving professional negligence," the statement concluded.
The association also conveyed its condolences to the family of the deceased child.
Background of the Case
Twenty-one-month-old Nkanu Adichie-Esege passed away on January 7th following treatment at Atlantis Paediatric Hospital and Euracare Multi-Specialist Hospital in Lagos.
The child was initially treated for a minor ailment at Atlantis Paediatric Hospital, but his condition deteriorated. Arrangements were made for him to receive further treatment abroad, and he was referred to Euracare for diagnostic and preparatory procedures, including an MRI scan of his brain.
Reportedly, complications arose after sedation, leading to severe medical distress and the child's subsequent death. His parents alleged medical negligence and submitted a formal complaint to the MDCN on January 16th.
The council established the Medical and Dental Practitioners Investigation Panel to investigate the matter. At the conclusion of its 25th session held in Abuja from February 17th to 18th, the panel found a prima facie case of medical negligence against three doctors: the medical director of Euracare, its anaesthesiologist, and the chief medical director of Atlantis Paediatric Hospital.
Furthermore, the panel identified professional misconduct involving ten other practitioners at Atlantis Paediatric Hospital. The three doctors implicated have been suspended pending full disciplinary proceedings before the Medical and Dental Practitioners Disciplinary Tribunal.
The council clarified that the panel's findings are preliminary and do not represent a definitive judgment of liability, as the affected doctors have the right to present their defence before the tribunal.
Reconstitution of the Council
The NMA's renewed call comes amidst long-standing concerns about the absence of a fully constituted governing council for the MDCN, the statutory body responsible for regulating medical and dental practice in Nigeria.
The tenure of the previous governing council reportedly concluded in 2020, leaving the regulatory body without a complete board for several years.
Experts and patient advocacy groups have consistently implored the federal government to reconstitute the council to ensure adequate oversight of the health sector. They have warned that the prolonged vacancy could weaken supervision of medical practices and cause delays in disciplinary actions involving doctors and dentists.
The National Postgraduate Medical College of Nigeria has also cautioned that the extended lack of an MDCN board could adversely impact standards in medical training and practice, emphasizing that the council's statutory duties are vital for maintaining professional discipline and quality.
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