LUTH CMD’s Appointment: Don Sues President, Others

Wale Igbintade

A professor in the College of Medicine, University of Lagos, Prof. Olufemi Fasanmade, has sued the President Bola Tinubu, the Minister of Health and Social Welfare, Prof. Muhammad Ali Pate and three others at the National Industrial Court (NIC), Lagos, over the appointment of Prof. Wasiu Lanre Adeyemo as the Chief Medical Director of Lagos University Teaching Hospital (LUTH).

Prof. Fasanmade, also an honorary consultant in LUTH.

Joined as Defendants in the suit are LUTH Management Board, the Attorney General of the Federation, Lateef Fagbemi (SAN) and Prof. Adeyemo.

In an originating summon with the suit marked NICN/LA/261/2023, Fasanmade prayed the court to set aside the appointment of Adeyemo.

He urged the court to declare that the Chairman and members of LUTH Management Board having been appointed and inaugurated in March 2018 for a term of four years could not have validly appointed Adeyemo as an Acting Chief Medical Director in LUTH on March 27, 2023, contrary to LUTH (reconstitution of board ETC) Act.

He also prayed the court to declare that the recommendation of the 5th defendant (Adeyemo) by the 2nd defendant (Minister of Health) for appointment as CMD of LUTH based on the report of the interview panel and LUTH management board is illegal, irregular, invalid and contrary to the University Teaching Hospital (reconstitution of board ETC) Act.

Fasanmade is also asking the court to declare that neither the 2nd defendant (Minister of Health) nor the 3rd defendant (LUTH management board) has any role whatsoever to play in the appointment of the CMD of LUTH.

He stated that the Management Board through its Secretary and Director of Administration issued the public advertisement on November 22, 2022 inviting interested candidates to contest for the position, while the Minister through officials of his ministry conducted elaborate exercises including screening, interviews, grading and even made recommendation for appointment contrary to the university teaching hospital (reconstitution of board ETC) Act.

In his summons, Fasanmade asked whether the 3rd defendant was still a valid and proper management board of LUTH as at November 2022 when it initiated the process of the appointment of CMD by issuing public advertisement in national newspapers inviting interested persons to contest for the position and receiving applications for that purpose.

He urged the court to determine whether it was possible for the former President Muhammadu Buhari to have approved the appointment of Adeyemo on June 2023 as communicated in his letter of appointment when Buhari relinquished office on May 2023, even though the appointment was purported to have taken effect from March 24, 2023.

In a 27-paragraph affidavit to support the originating summons, Fasanmade said he thoroughly read the advert, became interested, compiled his credentials and submitted his application to the director of administration of the LUTH management board before the given deadline.

He averred that, “Soon after the submission, I realised that the 5th defendant (Adeyemo) was my only co-contestant for the same position.

“That pursuant to the guideline issued by the 2nd defendant officers of the ministry of health under the supervision of the 2nd defendant, further criteria that were skewed in favour of the 5th defendant (Adeyemo) being my sole co-contestant.”