Regulation: Firm Slams N1b Suit On Medical Council

Pathcare Nigeria Limited, a firm of medical doctors specialising in medical pathology and clinical laboratory practice in Nigeria and two of its directors, Professor (Mrs.) Ibironke Akinsete and Dr. (Mrs.) Pamela Jackson-Ajayi, alleged to be constantly harassed by Medical Laboratory Science Council of Nigeria (MLSCN).

According to a statement of claim filed before a Federal High Court in Lagos, southwest Nigeria by the law firm of Jackson, Etti, Edu and Company, the plaintiffs, who claimed that Pathcare Nigeria Limited, the first and only fully accredited firm that renders pathology services with international standard in Nigeria, has allegedly been disturbed persistently by MLSCN, adding that it is also interfering in the firm’s lawful business.

The plaintiffs alleged further that the defendant has been threatening and putting pressure on them to submit themselves to it for assessment, inspection, accreditation and registration, whereas MLSCN has no legal power whatsoever to regulate, inspect, assess or supervise, in any manner, their lawful business in the practice of pathology and clinical laboratory medicine as it is regulated and subject to the Medical and Dental Practitioners Act number 23 of 1988, Cap M18 Laws of the Federation of Nigeria (LFN) 2004.

However, the plaintiffs averred that as part of intimidation of the defendants using force and coercion, in April this year, their office in Lagos was invaded by officials of the defendant accompanied by armed thugs, harassing and assaulting their members of staff , while in August, the officials also accompanied by armed thugs, invaded and forcefully broke into their office in Warri, Delta State, harassed and assaulted members of staff there.

In addition, the plaintiffs alleged that the defendant has repeatedly and desperately made unfounded representations, allegations and blackmail to their numerous customers, induce and pressurise them to cease from patronising them.

Consequently, the plaintiffs averred that the defendant’s act and action as stated above are capable of causing breach of the peace and breakdown of law and order in the society and particularly in their various business offices, especially as the defendant is usurping and arrogating to itself the powers of Medical and Dental Council of Nigeria by demanding that they should submit themselves to it for assessment.

In view of this, the plaintiffs, while claiming N1 billion from the defendant as general damages for unlawful interference in their business, urged the court to restrain it and its agents from interfering in the lawful business and declare that being a firm of medical doctors practising their profession in the area of pathology and clinical laboratory medicine, are not governed by the Medical Laboratory Science Council of Nigeria.

As at the time of filing this report, the defendant was yet to file its defence.