HMOs Fault NHIS Boss Reinstatement, Sue Buhari And The AGF

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The Health and Managed Care Association of Nigeria has filed a suit against President Muhammadu Buhari and the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami.

The group, in the suit filed at the Federal High Court, Abuja, faulted the appointment of Prof. Usman Yusuf as the Executive Secretary of the National Health Insurance Scheme.

The suit, with number FHC/ABJ/CS/164/2018, was filed by Oludare  Falana of Nu-Stream Solicitors on February 16, 2018. It is seeking four prayers.

HMCAN, an umbrella association of health maintenance organisations in Nigeria, asked the court to declare the appointment Yusuf as invalid.

It argued that :

“the unilateral appointment of Prof. Usman Yusuf, the executive secretary of the National Health Insurance Scheme by the President of the Federal Republic of Nigeria without the recommendation of the honourable Minister of Health is invalid, unconstitutional, unlawful, null and void.”

The group also urged  the court to declare that  “appointing the Executive Secretary of the National Health Insurance Scheme without  the recommendation of honourable minister is a flagrant violation of the provision of the National Health Insurance Scheme Act.”

HMCAN urged the court to “set aside the appointment of the Executive Secretary of the National Health Insurance Scheme by the President of the Federal Republic of Nigeria.”

It asked the court to direct “the President of the Federal Republic of Nigeria to comply strictly with the provisions of the National Health Insurance Scheme Act in the appointment of the Executive Secretary of the National Health Insurance Scheme.”

Besides HMCAN, other plaintiffs in the suit are Dr. Jide Rotilu and Mr. Ekeng Bassey.

HMCAN’s lawyer cited Section 8 of the National Health Insurance Scheme Act CAP N42 Laws of the Federation 2004, which, he said, made provision for the appointment of the executive secretary.

Citing the Act, he said, “There shall be appointed by the President on the recommendation of the minister,  the executive secretary. The executive secretary shall be a person with relevant qualification and experience.”

 
 

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