In a landmark ruling, the Federal High Court in Abuja, presided over by Justice D.U. Okorowo, has affirmed that membership in the Nigerian Medical Association (NMA) is not mandatory for physicians, upholding the constitutional right to freedom of association.
The decision came in response to a suit filed by Dr. Olusola Adeyelu against the Medical and Dental Council of Nigeria (MDCAN) and the NMA. Dr. Adeyelu, a specialist respiratory physician and activist, had previously resigned from the NMA due to grievances over what he termed extortionist levies and a lack of internal democracy within the association.
Justice Okorowo’s ruling emphasized that every individual has the right to assemble freely and associate with others, as protected under Section 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). The court specifically noted that Dr. Adeyelu has the right to dissociate from the NMA and that his professional practice should not be contingent upon his association with any particular group.
The court also addressed multiple reliefs sought by Dr. Adeyelu, including the declaration that the imposition of the NMA’s financial resolutions, subscriptions, and levies on him was unconstitutional. The judgment effectively separates the professional licensing and practice of medicine in Nigeria from compulsory membership in the NMA.
The ruling has broad implications for medical practice in Nigeria, potentially affecting how medical professionals engage with associations and how such bodies regulate membership and dues. This decision marks a significant precedent in ensuring that medical professionals’ rights to free association are protected, independent of any organizational affiliations.
The NMA and MDCAN have yet to respond to the ruling, which sets a new legal landscape for professional associations in Nigeria. Meanwhile, the medical community and advocates for professional freedom and rights have lauded the judgment as a victory for independence and ethical practice in the medical field.
