By:
Dr Aliyu Manpaa
Background
The Nigeria health care is divided into three tiers: the primary healthcare; the secondary health care and the tertiary health care. The primary healthcare is the most rudimentary level of care that provide preventive, curative, rehabilitative and palliative care to families at grassroots and serve as basic referral centres. They include; dressing stations, dispensaries and clinics. The secondary healthcare addresses the secondary health needs both health and clinical specialised services of the people. They include: general hospitals and states specialist hospitals. The tertiary healthcare on the other hand handles complex clinical and health issues that are beyond the capacity of secondary care facilities. They include University Teaching Hospitals, National Hospital and the Federal Medical Centres.
However, Since University Teaching Hospital are only attached to universities with medical colleges, they are few and less accessible to many, as such the only way the federal government can expand accessibility to tertiary health care facilities and services to the teaming populace is by creating more Federal Medical Centres. In keeping with the doctrine of common humanity which is Federal Character Principles, it was encouraged that the Federal Medical Centres be located in states capitals with no teaching hospital but where teaching hospital already exist the federal medical centres be located in any other part of the state other than the state capital. Let it be made clear that there is no law that stops a state from having more than one federal medical centres.
Hong Federal Medical Centre.
The emergence of Muhammad Buhari as the President and Commander in Chief of the Armed Forces of the Federal Republic of Nigeria on the 25th May, 2015 has brought Hong Local Government Area Headquarter of Kilba indigenous people into limelight. This is so especially against the background of the appointment of his long time and loyal political ally, Engr Babachir David Lawal as the secretary to the Government of the Federation. This marked the beginning of many new good things to the Local Government including setting in motion the process of upgrading General Hospital Hong first to Federal Medical Centre Outreach Centre and later to Federal Medical Centre, proper.
However, following the suspension and subsequent removal of B. D. Lawan as the SGF, the tempo of this pristine dream of Hong FMC was slowed down. To the glory of God Babachir David Lawan was replaced by his brother Bar Boss Gida Mustapha a seasoned Politician. This heart-warming news coincided by two developments. The sponsoring of a bill by Senator Aishatu Dahiru Binani for the conversion of Modibbo Adama University of Technology Yola (MAUTEC) into conventional university and the upgrading of the Federal Medical Centre to University Teaching Hospital.
The Struggles.
This development come to the people of Hong as an opportunity to upgrade the already established FMC outreach centre to FMC Hong. While this vision was on course and has reached an advance stage the euphoria that followed this success story almost dashed out when Senator Aisha Dahiru Binani representing Adamawa Central Senatorial District initiated the bill for the relocation of FMC Yola to Mubi via FMC Mubi Establishment Bill 2021 HB 679. This action was interpreted by my Kilba sons and daughters as in bad faith and has created atmosphere of uncertainty. It was my sole idea that since the Bill Sponsored by Binani is for the relocation of FMC Yola to Mubi and since there is no law that say there will be no two Federal Medical Centres in one state the member representing Gombi–Hong Federal constituency Hon. Yusuf Capt. Buba should initiate a bill for the establishment of Federal Medical Centre Hong in the parliament while the SGF Boss Mustapha handles the protocol and lobby aspect of the vision in the executive council .
In all fairness to Hon. Yusuf Capt. Buba the member swung into action and initiated the FMC Hong establishment Bill 2021 in the House of Rep and it was consolidated by the Deputy Senate Leader, Senator Abdullahi Abubakar Yahaya (APC) Kebbi State for concurrence in the senate marked HB 1264: Federal Medical Centre, Hong Adamawa State (est) Bill 2021.
It is good to note that even though the FMC Yola relocation Bill by Senator Aisha Dahiru Binani has started earlier and reached advanced stage before the initiation of the FMC Hong Stablemen bill co-sponsored by Senator Abdullahi Abubakar Yahaya (APC) Kebbi State and Hon Yusuf Capt. Buba Yakubu Gombi-Hong. The concerted efforts by Hong Elites, their associates and well-wishers has resulted in the accelerated hearings and speedy passage of the bill and presidential assent and subsequent gazetting of the act which give it a legal status in April, 2022.
This development gave FMC Hong the status to become the first and only FMC established through an act of parliament. This is owing to the fact that before this, other FMCs across Nigeria were mere creation of Executive Orders, a delegated legislation which although is a recognised source of law in Nigeria is inferior compare to an Act of Parliament.
The establishment of FMC Hong was followed by implementation proper culminated in the appointment of Professor Yakubu W. Nyandaiti as the Medical Director as well as the appointment of the Director of Administration. This was also consolidated by the capturing of FMC Hong in 2023 Appropriation Bill and setting aside Monday 5th December, 2022 as the official take off date for the commencement of clinical services which also went successful.
Apprehensions and Concerns
As stated elsewhere in this place prior to the coming of the President Muhammadu Buhari Administration on board Federal Medical Centres throughout the country has no unified legal frame work as most of them were created through mere executive orders and FMC Hong became the first established through an Act of Parliament.
In order to right this wrongs, President Muhammadu Buhari set in motion the process of providing the Legal Framework through the enactment of Federal Medical Centres Establishment Act to provide uniform and unified framework for the establishment, regulations, appointments and operation of Federal Medical Centres in Nigeria. By October 24th, 2022, the Federal Medical Centres Establishment Act, 2022 was not only signed into law but gazetted.
However, the confusion that set in the apprehension and concern was the news of the signing of the FMC Mubi Establishment Bill 2021 HB 679 into law by President Muhammadu Buhari. The apprehensions was as a result of different interpretation of the act which become common issue of discourse among wide range of stakeholders. To some people the act signifies the end of FMC Hong as it is the same FMC that is relocated to Mubi as contained in the Original Act. Some of us maintained that the both FMC Hong and Mubi in their own sense are creation of law and unless the law establishing the FMC Hong has been altered or repealed the FMC remain valid and in operation. It was in the midst of this debate that a friend draw my attention to section 26 of the FMC establishment act, 2022 signed on the 24th October, 2022.
Section 26 of the FMC establishment act 2022 clearly stated that “the FMC Hong (est.) act is hereby repealed “
This is what give some of us concern that if it is true that the law establishing the FMC Hong has been repealed could this be in error or it was a conscious and deliberate act.
Concerns and Relief
Whether the repealing of the FMC Hong Establishment Act was done in error or deliberate, it was already signed into law by the President and gazetted duly. However, our relief came alive having seen the FMC Hong on serial number 21 of the second schedule of the FMC Establishment Act 2022 and the explanation in a piece by Engr.
Philemon Stanley Dallatu that the FMC Hong establishment act was repealed in order to give room for harmonisation of 2022 FMC Establishment Act. Therefore, since FMC Hong is the only FMC established through an act of parliament, it is necessary to repeal the extant law in order to be accommodated into the new law.
Conclusion and Matters Arising
i. It is true that FMC Hong is a creation of law and it is still valid and in operation and that the law establishing it followed due process.
ii. That FMC Mubi has also come to stay.
iii. That the FMC Hong Establishment Act 2021 was repealed in order to be accommodated in the 2022 FMC Establishment Act to ensure seamless operation.
iv. That Adamawa State is indeed lucky to have two Federal Medical Centres.
Finally we wish to acknowledge and commend all those that made this laudable feast a reality while thanking Mr President for his Magnanimity towards landmark achievement. And recommend that 2023 is a payback time for this pristine gesture by voting APC massively. Once again congratulations to all of us.
Dr Manpa’a Aliyu Musa
Teaches Politics and Administration in University of Maiduguri
+2348035728085
