(2022)
SECTION 1
(1) There is established the Federal Medical Centre Mubi (in this Act referred to as “the Centre”).
(2) The Centre –
(a) shall be a body corporate;
(b) may sue and be sued in its corporate name; and
(c) shall have perpetual succession and a common seal.
Establishment of the Federal Medical Centre Mubi
SECTION 2
There is established for the management of the Centre, a Board of Management (in this Act referred to as “the Board”) which shall be constituted and have the functions and powers set out in this Act.
Establishment of the Board of Centre
SECTION 3
(1) The Board shall consist of –
(a) a Chairman;
(b) the Chief Medical Director of the Centre;
(c) the Head of Clinical Services;
(d) the Director of Administration who shall be the Secretary of the Board;
(e) three persons nominated by the Minister to represent a wide variety of community interests in health matters;
(f) one representative of the Federal Ministry responsible for Health;
(g) one representative of the medical profession not being a person who is a member of the Centre;
(h) one representative from allied health professionals, not being a staff of the Centre; and
(i) one representative of the Adamawa State Ministry responsible for Health.
(2) The Chairman and members of the Board, other than ex-officio members, shall be –
(a) appointed by the President; and
(b) persons of proven integrity and ability.
(3) The supplementary provisions set out in the First Schedule to this Act shall have effect with respect to the proceedings of the Board and the other matters contained in it. [First Schedule]
Membership of the Board
SECTION 4
Subject to the provisions of section 5 of this Act, members of the Board, other than ex-officio members, shall each hold office –
(a) for a term not more than four years; and
(b) on such terms and conditions as may be specified in his letter of appointment.
Tenure of office
SECTION 5
(1) Notwithstanding the provisions of section 4 of this Act a person shall cease to hold office as a member of the Board if he –
(a) becomes bankrupt;
(b) is convicted of a felony or any offence involving dishonesty or fraud;
(c) becomes of unsound mind or is incapable of carrying out his duties;
(d) is guilty of a serious misconduct in relation to his duties;
(e) in the case of a person possessed of professional qualifications, is disqualified or suspended, other than at his own request, from practicing his profession in any part of the world by an order of a competent court; or
(f) resigns his appointment by a letter addressed to the President.
(2) Where a member of the Board ceases to hold office for any reason, before the expiration of the term for which he is appointed, another person representing the same interest as that member shall be appointed to the Board for the unexpired term.
(3) A member of the Board may be removed by the President if the President is satisfied that it is not in the interest of the Centre or the public that the member continues in office.
Cessation of membership
SECTION 6
There shall be paid to every member of the Board such allowances and expenses as the Revenue Mobilisation Allocation and Fiscal Commission may direct.
Allowances of members
SECTION 7
(1) The Board shall –
(a) equip, maintain and operate the Centre so as to provide facilities for diagnosis, curative, promotion and rehabilitative services in medical treatment;
(b) construct, equip, maintain and operate such training schools and similar institutions as the Board considers necessary for providing the Centre at all times with proper staff, technicians and nurses; and
(c) construct, equip, maintain and operate such clinics, out-patient departments, laboratories, research or experimental stations and other like institutions as the Board considers necessary for the efficient functioning of the Centre.
(2) The Board shall ensure that the standards of teaching provided at all establishments under its control and the standards of treatment and care provided for patients at those establishments do not fall below those usually provided by similar establishments of international repute.
(3) Subject to this Act, the Board shall perform such other functions which in its opinion shall facilitate the performance of its functions under this Act.
Functions of the Board
SECTION 8
The Board shall have power to –
(a) provide the general policies and guidelines relating to major expansion programs of the Centre;
(b) manage and superintend the affairs of the Centre;
(c) subject to the provisions of this Act, make, alter and revoke rules and regulations for performance of the functions of the Centre; and
(d) do other things which in the opinion of the Board are necessary to ensure the efficient performance of the functions of the Centre.
Powers of the Board
SECTION 9
(1) There shall be for the Center a Chief Medical Director who shall be appointed by the President on the recommendation of the Minister on such terms and conditions as may be specified in his letter of appointment or as may be determined by the Revenue Mobilisation Allocation and Fiscal Commission.
(2) The Chief Medical Director shall –
(a) be the accounting officer of the Centre;
(b) be responsible to the Board for the administration of the Centre;
(c) be appointed for a term of four years in the first instance and may be reappointed for a further term of four years subject to satisfactory performance;
(d) be a medical practitioner and shall have been so qualified for a period of at least 15 years;
(e) have considerable administrative experience in matters of health;
(f) hold a post-graduate fellowship of the National Post-Graduate Medical College of Nigeria or equivalent qualification obtained at least five years before the appointment as Chief Medical Director.
Medical Director of the Centre
SECTION 10
(1) The Board shall appoint for the Centre a –
(a) Head of Clinical Services; and
(b) Director of Administration, who shall – (i) be responsible to the Chief Medical Director for the effective functioning of all the administrative divisions of the Medical Centre, (ii) conduct the correspondence of the Board and keep the records of the Centre, and (iii) perform such other functions as the Board or the Chief Medical Director may assign to him.
(2) The Head of Clinical Services appointed under subsection (1) (a) shall be responsible to the Chief Medical Director for the effective running of the clinical services and training activities of the Centre.
(3) The Board shall appoint for the Centre such number of employees as may, in the opinion of the Board, be expedient and necessary for the proper and efficient performance of the functions of the Centre.
(4) Notwithstanding the provisions of subsections (1) and (2), the Board shall have power to appoint for the Centre, either directly or on secondment from any Public Service in the Federation or a state, such number of employees as may, in the opinion of the Board, be required to assist the Centre in the performance of any of its functions under this Act.
(5) Nothing in subsection (4) shall preclude the Board from appointing persons from outside the Public Service of the Federation or of a State whenever it deems it necessary to do so.
(6) The terms and conditions of service, including remuneration, allowances, benefits and pensions, of the employees of the Centre shall be as determined by the National Salaries Income and Wages Commission.
Appointment of Head of Clinical Services, Director of Administration and other staff
SECTION 11
(1) Service in the Centre shall be approved service for the purpose of the Pension Reform Act. [Act No. 4 2014]
(2) The officers and other persons employed in the Centre shall be entitled to pensions, gratuities and other retirement benefits as are enjoyed by persons holding equivalent grades in the Civil Service of the Federation.
(3) Nothing in subsections (1) and (2) shall prevent the appointment of a person to any office on terms which preclude the grant of pension and gratuity in respect of that office.
Service in the Center to be pensionable
SECTION 12
(1) There shall be for the Centre a Medical Advisory Committee which shall –
(a) consist of a chairman who shall be the Head of Clinical Services and such number of other members as may be determined;
(b) be responsible to the Chief Medical Director for all the clinical and training activities of the Centre; and
(c) be appointed by the Board.
Establishment of the Medical Advisory Committee
SECTION 13
There is established and maintained for the Medical Centre a fund into which shall be paid and credited –
(a) all subventions and budgetary allocation from the Government of the Federation;
(b) all fees and funds accruing from the sale of drugs and other services;
(c) all sums accruing to the Centre by way of gifts, endowments, bequests, grants or other contributions by persons and organisations;
(d) foreign aid and assistance from bilateral agencies; and
(e) all other sums which may accrue to the Centre.
Fund of the Medical Centre
SECTION 14
The hospital shall apply the funds at its disposal to –
(a) the cost of administration and maintenance of the Centre;
(b) publicise and promote the activities of the Centre;
(c) pay allowances, expenses and other benefits of members and committees of the Board;
(d) pay the salaries, allowances and benefits of employees of the Centre;
(e) pay other overhead allowances, benefits and other administrative costs of the Centre; and
(f) undertake other activities as are connected with all or any of the functions of the Centre under this Act.
Expenditure of the Medical Centre
SECTION 15
(1) The Centre may accept gifts of land, money or other property on such terms and conditions as may be specified by the person or organisation making the gift.
(2) The Medical Centre shall not accept any gift if the conditions attached by the person or organisation making the gift are inconsistent with the functions of the Centre under this Act.
Power to accept gifts
SECTION 16
(1) The Board shall, not later than 30 September in each year, submit to the Minister an estimate of the expenditure and income of the Centre during the next year.
(2) The Centre shall cause to be kept proper accounts of the Centre in respect of each year and proper records in relation to it and shall cause the accounts to be audited not later than six months after the end of each year by auditors appointed from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.
Annual estimates and expenditure
SECTION 17
The Board shall prepare and submit to the Minister, not later than 30 June in each year, a report in such form as the Minister may direct on the activities of the Centre during the immediate preceding year, and shall include in the report a copy of the audited accounts of the Centre for that year and the auditor’s report.
Annual report
SECTION 18
(1) The Centre may borrow by overdraft or otherwise, such sums as it may require for the performance of its functions under this Act.
(2) The Centre shall not, without the approval of the President, borrow money which exceeds, at any time, the limit set by the President.
(3) Notwithstanding subsection (1), where the sum to be borrowed is in foreign currency, the Centre shall not borrow the sum without the prior approval of the President.
Power to borrow
SECTION 19
(1) The Centre shall not pay income tax on any income derived by the Centre under this Act or accruing to it from any of its investments.
(2) The provisions of any enactment relating to the taxation of companies or trust funds shall not apply to the Board of the Centre.
Exemption from tax
SECTION 20
The Centre shall not pay customs duty, or be restricted or prohibited from importing any equipment, material, supply or any other thing required by the Centre for the purpose of this Act: Provided that nothing in this section shall be construed as preventing the Nigeria Customs Service from inspecting any equipment, or material imported by the Centre.
Exemption from customs duties
SECTION 21
(1) Notwithstanding anything to the contrary contained in any other enactment, where it appears to the Board that a student of the Centre is guilty of a misconduct, the Board may, without prejudice to any other disciplinary powers conferred on it by regulations, direct that the –
(a) student shall not, during such period as may be specified in the direction, participate in such activities of the Centre, or make use of facilities of the Centre as may be so specified;
(b) activities of the student shall, during such period as may be specified in the direction, be restricted in the manner as may be so specified;
(c) student be rusticated for such period as may be specified in the direction; or
(d) student be expelled from the Centre.
(2) An appeal from a direction brought under subsection (1) shall not affect the operation of the direction while the appeal is pending.
(3) The Board may delegate its powers under this section to a disciplinary committee consisting of such members of the Centre as the Board may nominate.
(4) Nothing in this section shall be construed as preventing the restriction or termination of student’s activities at the Centre otherwise than on the ground of misconduct.
(5) A direction issued under subsection (1) (a) may be combined with a direction issued under subsection (1)(b).
(6) Nothing in this Act shall affect the provisions of any enactment relating to the discipline of medical practitioners, pharmacists, midwives, nurses or members of any other profession or calling.
Discipline of students
SECTION 22
(1) Where it appears to the Board that there are reasons for believing that any person employed as a member of the clinical, administrative or technical staff of the Centre, other than the Chief Medical Director, should be removed from his office or employment, the Board shall require the Director of Administration to –
(a) give notice of those reasons to the person in question;
(b) afford him an opportunity of making representations in person on the matter to the Board; and
(c) if the person in question so requests, within a period of one month beginning with the date of the notice, make arrangements for- (i) a committee to investigate the matter and report on it to the Board, and (ii) the person in question to be afforded an opportunity of appearing before and being heard by an investigating committee set up with respect to the matter, and if the Board, after considering the report of the investigating committee, is satisfied that the person in question should be removed, the Board may remove him by a letter signed on the direction of the Board.
(2) The Chief Medical Director may, in a case of misconduct by a member of the staff which in the opinion of the Chief Medical Director is prejudicial to the interest of the Centre, suspend any such member and the suspension shall forthwith be reported to the Board.
(3) For good cause, any member of staff may be suspended from his duties, his appointment may be terminated or he may be dismissed by the Board and for the purposes of this section, “good cause” means –
(a) a conviction for any offence which the Board considers to be such as to render the person concerned unfit for the discharge of the functions of his office;
(b) any physical or mental incapacity which the Board, after obtaining medical advice, considers to be such as to render the person concerned unfit to continue to hold his office;
(c) conduct of a scandalous or other disgraceful nature which the Board considers to be such as to render the person concerned unfit to continue to hold his office; or
(d) conduct which the Board considers to be such as to constitute a failure or inability of the person concerned to discharge the functions of his office or to comply with the terms and conditions of his service.
(4) Any person suspended shall, subject to subsections (2) and (3) be on half pay and the Board shall before the expiration of a period of three months after the date of the suspension consider the case against that person and come to a decision as to whether to –
(a) continue the person’s suspension and if so, on what terms (including the proportion of his emoluments to be paid to him);
(b) reinstate the person, in which case the Board shall restore his full emoluments to him with effect from the date of suspension;
(c) terminate the appointment of the person concerned, in which case he shall not be entitled to the proportion of his emoluments withheld during the period of suspension; or
(d) take such lesser disciplinary action against the person (including the restoration of his emoluments that might have been withheld), as the Board may determine, and in any case where the Board, under this section, decides to continue a person’s suspension or decides to take further disciplinary action against the person, the Board shall before the expiration of a period of three months from such decision come to a final determination in respect of the case concerning the person.
(5) The person by whom a letter of removal is signed under subsection (1) shall use his best endeavors to cause a copy of the letter to be served as soon as reasonably practicable on the person to whom it relates.
(6) Nothing in the foregoing provisions of this section shall preclude the Board from making such regulations not inconsistent with the provisions of this Act for the discipline of students and all other categories of employees of the Centre as the Board may prescribe.
(7) Regulations made under subsection (6), need not be published in the Federal Government Gazette but the Board shall cause them to be brought to the notice of all affected persons in such manner as it may determine.
Removal and discipline of clinical, administrative and technical staff
SECTION 23
(1) Where a junior staff is accused of misconduct or inefficiency, the Chief Medical Director may suspend him for a period of not more than three months and shall direct a committee to –
(a) consider the case; and
(b) make recommendations as to the appropriate action to be taken by the Chief Medical Director.
(2) In all cases under this section, the officer shall be informed of the charge against him and given a reasonable opportunity to defend himself.
(3) The Chief Medical Director may, after considering the recommendation made pursuant to subsection (1) (b), dismiss, or take such other disciplinary action against the officer concerned.
(4) Any person aggrieved by a decision of the Chief Medical Director made under subsection (3) may, within a period of 21 days from the date of the letter communicating the decision to him, address a petition to the Board to reconsider his case.
Discipline of junior staff
SECTION 24
(1) The Board may, with the approval of the President, make regulations –
(a) as to the access of members of the public either generally or of a particular class, to premises under the control of the Board and as to the orderly conduct of members of the public on those premises; and
(b) for safeguarding any property belonging to or controlled by the Board from damage by members of the public.
(2) Regulations under this section shall not come into effect until they are confirmed, with or without modification, by the National Assembly and published in such manner as the Board may direct.
Regulations
SECTION 25
The Minister may give to the Board directions of a general character or relating generally to particular matters (but not to any individual person or case) with regard to the performance by the Board of its functions under this Act, and it shall be the duty of the Board to comply with the directions, but no direction shall be given which is inconsistent with the duties of the Board under this Act.
Power to give directives
SECTION 26
In this Act – “Board” means the Board of Management of the Centre; “chairman” means the Chairman of the Board; “functions” include powers and duties; “junior staff means staff of such grade as may be determined by the Board; “Minister” means the Minister responsible for health and “Ministry” shall be construed accordingly; and “student” means a person enrolled at an institution controlled by the Board for the purpose of pursuing a course of instruction at the institution.
Interpretation
SECTION 27
This Act may be cited as the Federal Medical Centre Mubi (Establishment) Act, 2022.
Citation
First Schedule
Section 3 (3)
SUPPLEMENTARY PROVISIONS RELATING TO THE BOARD
Proceedings of the Board
1. (1) Subject to this Act and section 27 of the Interpretation Act Cap. 123, LFN, 2004, the Board may make standing orders regulating its proceedings or those of any of its committees.
(2) The quorum of the Board shall be the Chairman or the person presiding at the meeting and five other members of the Board, two of whom shall be ex- officio members, and the quorum of any committee of the Board shall be as determined by the Board.
2. (1) The Board shall meet whenever it is summoned by the Chairman and if the Chairman is required to do so by notice given to him by not less than eight other members, he shall summon a meeting of the Board to be held within 14 days from the date on which the notice is given.
(2) At any meeting of the Board, the Chairman shall preside but if he is absent, the members present at the meeting shall appoint one of their members to preside at the meeting.
(3) Where the Board desires to obtain the advice of any person on a particular matter, the Board may co-opt him to the Board for such period as it deems fit, but a person who is in attendance by virtue of this subparagraph shall not be entitled to vote at any meeting of the Board and shall not count towards a quorum.
Committees
3. (1) The Board may appoint one or more committees to perform, on behalf of the Board, such functions as the Board may determine.
(2) A committee appointed under this paragraph shall consist of such number of persons as may be determined by the Board and a person shall hold office on the committee in accordance with the terms of his appointment.
(3) A decision of a committee of the Board shall be of no effect until it is confirmed by the Board.
Miscellaneous
4. (1) The affixing of the seal of the Centre shall be authenticated by the signatures of the Chairman, the Chief Medical Director or any person generally or specifically authorised by the Board to act for that purpose.
(2) Any contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the Centre by the Chief Medical Director or any person generally or specifically authorised by the Board to act for that purpose.
(3) A document purporting to be a document duly executed under the seal of the Centre shall be received in evidence and shall, unless the contrary is proved, be presumed to be so executed.
5. The validity of any proceeding of the Board or of a committee shall not be adversely affected by –
(a) a vacancy in the membership of the Board or committee;
(b) a defect in the appointment of a member of the Board or committee; or
(c) reason that a person not entitled to do so took part in the proceedings of the Board or committee.
