By Ogun Oluwaseun
To begin with, Nigeria is a great country blessed with fine laws, and equally blessed with great human and natural resources. All over the world, Nigerians are sought after as professionals and are thriving in virtually all spheres of human endeavors. However, typical of any densely populated society with high poverty rate, young population of Nigeria seem to be more interested in finding greener pastures in ‘saner climes’, thereby travelling abroad in pursuance of their dreams and aspirations.
The Five Years Mandatory Service Bill introduced and sponsored by Hon. Ganiyu Johnson, at the House of Representatives proposed that fresh graduates of medical and dental schools shall compulsorily work in Nigeria for a minimum of five years before being granted full license to practice. Why would fresh graduates mandatorily stay in Nigeria for 5 years after participating in the National Youth Service Corps (NYSC) for a year? This seems to be a punitive punishment for being a Nigerian. It is in my estimation a violation of the right of the young medical professionals from freedom of torture and compulsory labour under Section 34 of the 1999 Constitution.
Given the gross failure of our country’s leadership to provide an enabling environment for young people, inclusive of university graduates, to thrive, secure job and earn decent income, should there be any restriction placed on them to travel around the world for better fortune? Without any iota of doubt, the desperate attempt by the leadership of our country to place travel restriction on medically trained personnel is, in my respectful opinion, a thoughtless decision and constitutes a gross violation of the rights of the medically trained personnel to freedom of movement and right to personal liberty guaranteed under Sections 41 and 35 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
It is deeply saddening that the Nigerian legislature seeks to open a new chapter concerning the restriction of young Nigerian medical graduates to serving their fatherland for 5 years after they must have spent over 9-10 years in school for a program that should ordinarily not scale beyond 6 years – all caused by avoidable strikes and schools closures. While I agree that there might be some noble intention in the bill, I make bold to say that it is a flagrant violation of the human right of the personnel to freedom of movement and personal liberty as contained under Sections 41 and 35 of our constitution.
Natural talent drives to the shore where it gains more value and where the return is excellent. The proper question is: Why has the government not made attractive rewards for excellence, expertise and value in this country? In a country where there are no jobs, for even medical practitioners, expecting them not to leave the country for greener pasture is akin to beating a child and expecting the child not to cry.
Since our independence in 1999, many skilled Nigerians have emigrated to different parts of the world in search of greener pastures. In the sense of justice and fair play, they leave to have a good, better, quality and promising life. They live in countries where we have in existence favorable government policies that aid the achievement of dreams, job security, life security, and a high standard of living which helps in assuring a fulfilled life. For a country’s leadership that has not provided any policy to discourage young medical practitioners to stay in this country, attempting to legislate their ways through stopping them from going to countries where industry is better appreciated is simply wicked and despicable.
The only condition upon which this bill can be acceptable is simply when there is provision of adequate amenities, proper funding of the medical sector, and appreciation of human labor. Anything short of this is akin to placing the cart before the horse which will be counterproductive. A government that has failed in providing good and habitable public hospitals, constant electricity, a good road network, and payment of public servant salaries should not hold to ransom the emigration of young promising professionals searching for greener pastures. This bill stands against justice, fairness, and equity.
Come to think of it, what if after the stipulated 5 years almost all the young doctors leave Nigeria? Surely, beheading a man cannot be the antidote for his headache. The Nigerian government should not try to solve problems by creating more problem. The legislators seem to be majoring in the minors and minoring in the majors. The existential challenges Nigerians face should be the priority of our legislators, not restricting the mobility of professionals – in gross breach of fundamental rights under the 1999 Constitution.
Section 14 subsection (2b) of the 1999 Constitution of the Federal Republic of Nigeria as amended provides that the security and welfare of the people shall be the primary purpose of the government. If a government fails to provide welfare and security for its people, why should it expect its people not to travel abroad?
When it comes to security, we have lost our tact and government welfare has decried long ago. If the welfare of the people is the primary purpose of the government, epileptic power supply should be an aberration in our medical institution. However, it is a shameful reality in our nation today. So, why does the government expect our young professionals to stay?
Curiously, the said bill is even discriminatory. Why should a law single out medical professionals and place them on 5 years restriction? How about lawyers, why is the same bill not passed in their respect? How about tech youngsters? This bill is therefore a gross violation of the young medical professional’s right to freedom from discrimination guaranteed under Section 42 of the 1999 Constitution. In my view, the bill cannot stand the test of constitutional validity.
In place of the grossly unconstitutional attempt to hold young medical professionals hostage in Nigeria, the government has to reform the health sector and heavily compensate our young Nigerian medical professionals with attractive incentives, and a promising future.
In the final analysis, politicians piloting the affairs of the state should lead by example by showing faith and commitment to the Nigerian medical sector by passing a law which criminalizes medical tourism. If the lawmakers can show that they have faith in the medical system, I am hopeful the narrative would change and medical practitioners will stay back home. Restricting the right of travel of medically trained personnels is certainly not the answer to the challenges of our medical sector.
Oluwaseun Ogun is a 100 level law student at the Olabisi Onabanjo University.
