TWO female nurses of National Orthopaedic Hospital, Igbobi Lagos (NOHIL) have been sacked for wearing hijab while on duty.
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.
MUPAC cries foul
The Muslim Public Affairs Centre (MPAC) also expressed deep concern
over the escalation of the case, saying the two nurses are yet another
victims of discrimination. In a statement sent to Vanguard's Facing the
Kaaba, the group said the Muslim nurses could have been subjected to
cruel and degrading treatments simply because of their choice to wear
the hijab at work.
"By its latest action, NOHIL and the hospital management have
continued to show aggression against the victims and unrestrained and
unaccountable hostility towards the Islamic faith. The Nursing and
Midwifery Council of Nigeria (NMCN) prescribes a standard uniform for
all nurses in Nigeria and in its circular of February, 11,2002
(reference number N&MCN/CMF/721/1/3), it unambiguously specifies
that "female nurses" may "wear either a Nurse cap or a shoulder length
hyjab".
"The sisters will continue to demand justice, and the resolve of the
Muslim community to stand by them will only strengthened them against
this latest act of aggression."
"Tyranny of employers, public and private, highlights the need for
our lawmakers to do the right things and make laws that will criminalise
discrimination on the basis of religions."
MPAC urged all Islamic organizations, mosques, Imams, human right
groups and individuals who cherish and value the collective aspiration
to lend their prayers and support to these Muslim nurses.
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