(2022)
SECTION 1
(1) There is established the Federal Medical Centres (in this Act referred to as “the Medical Centres”) as specified in the Second Schedule to this Act.
(2) The Medical Centres-
(a) shall be bodies corporate;
(b) may sue and be sued in their corporate names; and
(c) shall have perpetual succession and a common seal.
(3) The President may, by order publish in the Federal Government Gazette, increase, vary or delete the Medical Centres specified in the Second Schedule to this Act. [Second Schedule]
(4) This Act shall apply to any other Medical Centre established after the commencement of this Act.
Establishment of Federal Medical Centres.
SECTION 2
There is established for the management of each Medical 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 Boards of Medical Centres.
SECTION 3
(1) The Board shall consist of-
(a) a part-time Chairman;
(b) the Medical Director of the Medical Centre;
(c) the Head of Clinical Services;
(d) the Director of Administration who shall be the Secretary of the Board;
(e) one representative each of- (i) the Minister of Health who should not be below the rank of an Assistant Director, (ii) the medical profession, (iii) allied health professionals, (iv) State Ministry of Health; and
(f) three persons to represent public interest.
(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 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 of four years in the first instance and may be re-appointed for a further term of four years and no more; and
(b) on such terms and conditions as may be specified in the 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, suspends payment of principal loan with his creditors;
(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 practising his profession in any part of the world by an order of a competent authority made in respect of that member; 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 Medical 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 determine.
Allowances of members.
SECTION 7
(1) The Medical Centres shall-
(a) provide facilities for diagnostic, curative, preventive and rehabilitative services in medical treatment;
(b) construct, equip, maintain and operate such training schools, and similar institutions for providing the Medical Centres with appropriate staff;
(c) construct, equip, maintain and operate such clinics, out-patient departments, laboratories, research or experimental stations and other similar institutions necessary for the effective functioning of the Medical Centres;
(d) ensure that the standards of treatment and care provided at all establishments under its control and the standards of treatment and care provided for patients at those establishments is not below the required standards; and
(e) perform such other functions as are necessary to facilitate the performance of its functions under this Act.
(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 are calculated to facilitate the performance of its functions under this Act.
Functions of the Medical Centres.
SECTION 8
The Board shall have power to-
(a) provide the general policies and guidelines relating to major expansion programmes of the Medical Centres;
(b) subject to the provisions of this Act, make, alter and revoke rules and regulations for performing the functions of the Medical Centres;
(c) fix terms and conditions of service, including remuneration of the employees of the Centre subject to the approval of National Salaries Incomes and Wages Commission; and
(d) do such other things which in the opinion of the Board are necessary to ensure the efficient performance of the functions of the Medical Centres.
Powers of the Board.
SECTION 9
(1) There shall be for each Medical Centre a Medical Director who shall be appointed by the President on such terms and conditions as may be specified in his letter of appointment or as may be determined by the Federal Government.
(2) The Medical Director shall-
(a) be the chief executive and 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 who shall have- (i) a first degree registered with the Medical and Dental Council of Nigeria (MDCN), and (ii) 12 years post MBBS and five years post fellowship;
(e) have considerable administrative experience in matters of health; and
(f) hold a post-graduate specialist qualification obtained at least 10 years prior to the appointment as Medical Director.
Medical Directors of the Medical Centres.
SECTION 10
(1) The Medical Director of each of the Medical Centres shall, with the approval of the Board, appoint a Director of Administration, who shall-
(a) be responsible to the Medical Director for the effective functioning of all the administrative divisions of the Medical Centre;
(b) conduct the correspondence and keep the records of the Medical Centre; and
(c) perform such other functions as the Medical Director, may assign to him.
(2) The Directors appointed under subsection (l) shall each be responsible to the Medical Directors for the effective running of the clinical services, the finance and accounts and the co-ordination of the maintenance of the Medical Centres, as the case may be.
(3) The Medical Director of each of the Medical Centres shall, with the approval of the Board, appoint for the Medical Centres such number of employees as may in the opinion of the Board be necessary for the proper and efficient performance of the functions of the Centre.
(4) Notwithstanding the provisions of subsections (1) and (2) the Medical Director of each of the Medical Centre shall have power to appoint for the Medical Centre, either directly or on secondment from any public service in the Federation, such number of employees as may, in the opinion of the Board, be required to assist the Medical Centre in the performance of any of their functions under this Act.
(5) Nothing in subsection (4) shall preclude each Medical Director from appointing persons from outside the public service of the Federation or of the State whenever he thinks it necessary to do so.
(6) The terms and conditions of service of the employees of the Medical Centres shall be as determined by the National Salaries Income and Wages Commission.
Appointment of Director of Administration and recruitment of other staff of the Medical Centres.
SECTION 11
(1) Service in the Medical Centres shall be approved service for the purposes of the Pensions Reforms Act.
(2) The officers and other persons employed in the Medical Centres shall be entitled to pensions, gratuities and other retirement benefits as enjoyed by persons holding equivalent grades in the public service of the Federation. [Act No. 4, 2014]
(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 Medical Centres to be pensionable.
SECTION 12
(1) The Medical Director shall, with the approval of the Board, establish for each of the Medical Centres a Department of Clinical Services which shall-
(a) consist of a Head of Clinical Services who shall be a Director and such number of other members;
(b) be answerable to the Medical Director; and
(c) be in charge of all the Medical or training activities in the Medical Centre.
(2) Subject to this Act, each Medical Director shall have power to appoint either directly or on secondment, and discipline consultants holding or acting in any office in the Medical Centres, and any such appointment shall be made having due regard to the approved personnel establishment of the Medical Centres.
(3) Notwithstanding anything to the contrary, the Medical Director may, with the approval of the Board, appoint consultants outside the hospital to perform such medical duties as the Medical Director may assign to such consultants.
Appointment of Head of Clinical Services.
SECTION 13
There shall be established and maintained for each of the Medical Centres 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 Medical Centres 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 Medical Centres.
Fund of the Medical Centres.
SECTION 14
The Medical Centres shall apply the fund at their disposal to-
(a) the cost of administration and maintenance of the Medical Centres;
(b) publicise and promote the activities of the Medical Centres;
(c) pay allowances, expenses and other benefits of members of the Board and committees of the Board;
(d) pay the salaries, allowances and benefits of employees of the Medical Centres;
(e) pay other overhead allowances, benefits and administrative costs of the Medical Centres; and
(f) undertake such other activities as are connected with all or any of the functions of the Medical Centre under this Act.
Expenditure of the Medical Centres.
SECTION 15
(1) The Medical Centres 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 Centres shall not accept any gift if the conditions attached by the person or organisation making the gift are inconsistent with the functions of the Medical Centres under this Act.
Power to accept gifts.
SECTION 16
(1) Each Medical Director shall with the approval of the Board, submit to the Minister, not later than 30th June in each year, an estimate of the expenditure and income of the Medical Centre during the succeeding year.
(2) Each Medical Director shall cause to be kept proper accounts of the Medical 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
Each Medical Director shall with the approval of the Board, prepare and submit to the Minister, not later than 30th June in each year, a report on the activities of the Medical Centre during the immediately preceding year, and shall include in the report a copy of the audited accounts of the Medical Centres for that year and the auditor’s report on it.
Annual report.
SECTION 18
(1) The Medical Centres may borrow, by overdraft or otherwise, such sums as they may require for the performance of their functions under this Act.
(2) The Medical Centres 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 Medical Centres shall not borrow the sum without the prior approval of the President.
Power to borrow.
SECTION 19
(1) The Medical Centres shall not pay income tax on any income derived by the Federal Medical Centres under this Act or accruing to them from any of their investments.
(2) The provisions of any enactment relating to the taxation of companies or trust funds shall not apply to the Board of the Federal Medical Centres.
Exemption from tax.
SECTION 20
The Medical Centres shall not pay customs duty on or be restricted or prohibited from importing any equipment, material, supply and any other thing required by the Medical Centres for the purposes 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 Medical Centres.
Exemption from customs duties.
SECTION 21
(1) Notwithstanding anything to the contrary contained in any other enactment, where it appears to the Board of a Medical Centre that a student of a Medical Centre is guilty of 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 Medical Centre, or make use of such facilities of the Medical 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 such 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 Medical 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 Medical 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 Medical Centres 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) If 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 any of the Medical Centre, other than the 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 Medical Director may, in a case of misconduct by a member of the staff which in the opinion of the Medical Director is prejudicial to the interest of the Medical Centre, suspend any such member and any such suspension shall immediately be reported to the Board.
(3) For good cause, any member of staff may be suspended from his duties or his appointment may be terminated or he may be dismissed by the Board and for these purposes, “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 performance 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 such suspension consider the case against that person and come to a decision as 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 a 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 any such person.
(5) The person by whom a letter of removal is signed under subsection (1) to use his best endeavours to cause a copy of the letter to be immediately served on the person to whom it relates.
(6) Nothing in the foregoing provisions shall preclude the Board from making regulations consistent with the provisions of this Act for the discipline of students and all other categories of employees of the hospital 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.
(8) Notwithstanding the provisions of subsection (1) to (7) of this Section, a staff of the centre has the right to seek redress from a court of law where he is not satisfied with the decision of the Board.
Removal and discipline of clinical, administrative and technical staff.
SECTION 23
(1) Where any junior staff is accused of misconduct or inefficiency, the Medical Director may suspend him for not more than a period of 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 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 Medical Director may, after considering the recommendation made under subsection (1) (b), dismiss, or take such other disciplinary action against the officer concerned.
(4) Any person aggrieved by a decision of the Medical Director made under subsection (3) may, within a period of 2 1 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
The Medical Centres shall, with the approval of the Minister, make regulations-
(a) as to the access of the members of the public either generally or of a particular class, to premises under the control of the Medical Centres sand the orderly conduct of members of the public;
(b) for safeguarding any property belonging to or controlled by the Medical Centres from damage by members of the public; and
(c) for giving full effect to the provisions of this Act.
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 exercise by the Board of its functions under this Act, and the Board shall 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
The Federal Medical Centre Hong (Establishment) Act, 2022 is repealed.
Repeal.
SECTION 27
(1) On the commencement of this Act, any person employed by or serving in, the Medical Centres shall be deemed to have been employed or serving in the Medical Centres established under this Act.
(2) All assets or liabilities belonging to the Medical Centres shall be deemed to belong to the Medical Centres established under this Act.
Transitional and savings provision.
SECTION 28
In this Act- “Board” means the Board of Management of each Medical Centre; “Chairman” means the Chairman of the Board; “functions” include powers and duties; “Medical Centres” means the Federal Medical Centres, established under section 1 of this Act; “junior staff” means staff of such grade as may be determined by the Board; “Minister” means the Minister charged with responsibility for matters relating to health; and “Resident Doctor” and defined as an officer who has MBBS as first degree and is undergoing further training various clinical specialities to attain fellowship; 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 29
This Act may be cited as the Federal Medical Centres (Establishment) Act, 2022.
Citation.
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, 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.
(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 “sub-section” 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 carry out, 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 Medical Centres shall be authenticated by the signatures of the Chairman, the 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 Medical Centre by the 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 Medical Centre shall be received in evidence and shall, unless and until the contrary is proved, be presumed to be so executed.
4, The validity of any proceedings 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.
Section 1(1) and (3)
THE FEDERAL MEDICAL CENTRES
1. Federal Medical Centre, Abeokuta
2. Federal Medical Centre, Abuja
3. Federal Medical Centre, Asaba
4. Federal Medical Centre, Azare
5. Federal Medical Centre, Bida
6. Federal Medical Centre, Birnin-Kebbi
7. Federal Medical Centre, Birnin-Kudu
8. Federal Medical Centre, Ebute-Meta
9. Federal Medical Centre, Gusau
10. Federal Medical Centre, Ado-Ekiti
11. Federal Medical Centre, Jalingo
12. Federal Medical Centre, Keffi
13. Federal Medical Centre, Lokoja
14. Federal Medical Centre, Makurdi
15. Federal Medical Centre, Nguru
16. Federal Medical Centre, Owerri
17. Federal Medical Centre, Owo
18. Federal Medical Centre, Umuahia
19. Federal Medical Centre, Wase
20. Federal Medical Centre, Yenagoa
21. Federal Medical Centre, Hong
22. Federal Medical Centre, Onitsha (as created by Section 2 of the Federal Medical Centres Act (Amendment) Act, 2023.)
