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TWO female nurses of National Orthopaedic Hospital, Igbobi Lagos (NOHIL) have been sacked for wearing hijab while on duty.
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The nurses Mrs Fasilat Olayinka Lawal and
Miss Sekinat Sanusi, relied on the prescription of their regulatory
body, the Nursing and Midwifery Council of Nigeria which says nurses
should either wear nurse cap or shoulder lenght hijab as contained in a
circular dated February 11, 2002 (reference number
N&MCN/CMF/721/1/3).
The circular which was signed by P. N.
Ndatsu, Secretary General/Registrar was said to have been sent to all
Directors of Nursing and their deputies, chief Medical Directors, chief
Executives, and Principals.
Vanguard gathered
that Muslims nurses in other government and teaching hospitals in other
states wear shoulder lenght hijab. Some of them include Kwara, Osun,
Oyo in the South West and most states in the north of the country.
The victims in anticipation of the hospital
management weilding the big stick, approached the court to obtain
injunction against further actions by the management of the NOHIL, But
this did not deter the hospital management as the two nurses were sacked
a few days ago.
Sacking of two nurses
Narrating how it happened, Mrs Lawal said she
accepted the offer based on the circular of Nursing and Midwifery
Council of Nigeria prescribing a shoulder length hijab which she
expected the hospital to comply with.
When Vanguard contacted
the Medical Director, NOHIL, Dr. O.Odunibi on phone for comments, he
declined saying “the matter is already in court and we have been told
not to comment on the matter.”
A senior Muslim nurse in the hospital who crave anonimity told Vanguard that
they were not wearing hijab merely because no circular was given to
them to that effect. She maintained that the development was an
eye-opener to other Muslim nurses in the hospital.
The Nursing and Midwifery Council of Nigeria
is a parastatal of the Federal Government of Nigeria established by Act
Cap. No143 Laws of the Federation of Nigeria, 2004, and the Council is
the only regulatory body for all cadres of Nurses and Midwives in
Nigeria.
How it happened
“I assumed duty on February 25, 2014, at the
commencement of the one month orientation, I was told to remove my hijab
but I insisted presenting a copy of a circular from Nursing and
Midwifery Council of Nigeria to the head of Nursing Department, Mrs
Adebowale, hence I was allowed to do the orientation wearing hijab.”
“I completed the orientation on March 23,
2014 and resumed duty fully in uniform on Monday March 24, 2014 and I
was told that I was not properly dressed as I was using hijab and not a
nurse cap.
“On April 8, 2014′ I wrote a letter of
protest to the Medical Director copying Minister for Health, Minister
for State for Health and Board Chairman, National Orthopeadic Hospital
Igbobi Lagos and Nursing and Midwifery Council of Nigeria.”
“On April 9, 2014, I was given a query dated
April 8, 2014 to explain why disciplinary action should not be
instituted against me for insubordination by not wearing Nurse uniform
which I replied with a letter dated April 9, 2014 and since April 10,
2014 I have not been allowed to work or even sign the attendance
register, we were told to stay outside the Director of Administrator’s
office by the Chairman of National Association of Nigerian Nurses and
Midwife (NANNM).
“On April 11, 2014, we were given two
letters, one from the Director of Administration summoning us to a
disciplinary committee on Monday April 14, 2014 and another from the
Assistant Director of Nursing calling our attention to some so called
facts.
On the April 14, 2014, we were at the panel/
disciplinary committee and was told to have a rethink of removing our
hijab within 24hrs and get back to the committee the following day at
10:00am to avoid a disciplinary action taken against us.”
“We immediately sort a legal advice since we
were determined not to remove our hijab and decided to proceed to court
to stop any diciplinary actions taken against us and also seek redress
on the violation on our fundamental human rights and be allowed to work
and wear our hijabs without hindrance as permitted by Nursing and
Midwifery Council of Nigeria, the only body permitted by law to regulate
the Nursing Profession in Nigeria.
“We were further prevented from entering the
ward and carrying out our official duty, we wrote another letter to the
Medical Director in the afternoon of April 15, 2014 notifying him of the
situation.”
“On April 17, 2014, a letter was written to
the Medical Director by our Lawyer informing him of the implication of
their actions of not allowing us to work and if the situation persists a
contempt proceeding would be commenced against them. The situation
continued that way without been allowed to work until April 23, 2014
when we were given a memo to appear before the Hospital Management Board
by 10:00am.”
“We met with the board and was told that by
not removing our hijab we have committed an act of insurbodination and
disobedience which is punishable by the law of public service.
We were asked if we were ready to retrace our
steps by removing our hijab and we responded that we can not remove our
hijab and moreso the matter is in court and we cannot take any further
step without informing our lawyer.
Later that day ( April 23, 2014) we were issued a letter of termination of service,” she narrated.
Muslim Lawyers react
The Muslim Lawyers Association of Nigeria,
MULAN, has described the termination of employment of the two muslim
nurses as ‘wrongful dismissal’.
The Chairman of the association, Barrister
Musadiq Adunni Sanni said the nurses have right to complain and also
have the right to institute legal action if their fundamental human
rights were infringed upon.
“It is wrongful dismissal. What I think they should have done is to wait on the court before taking a decision.”
Sanni continued: “this is a labour matter and if the institution allows it, then the court will have to decide who is wrong.”
“I also think they don’t have respect for the
rule of law and we are not happy that a Federal Institution like that
would go that way.”
On similar case of hijab involving a student
who was punished because she wore hijad while in school,
Barrister Sanni
stated that although there is a proposal for out of court settlement,
but maintained that the condition was not in favourable to the Muslims.
He said: “Just last Tuesday, the state
maintained that it only limited the use of hijab to the Mosque on
Fridays during Jumat and also during Zhur and Asr prayers, but we are
not happy with that; our interest is total use of hijab. We are still on
it and we are going to argue our case insha-Allah,” he stressed.
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