UNIVERSITY TEACHING HOSPITALS (RECONSTITUTION OF BOARDS, ETC.) ACT

Section 9: Removal and discipline of clinical, administrative and technical staff

1985Section 9 of 20Federal Republic of Nigeria

(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 the hospital, other than the Chief Medical Director, should be removed from his office or employment, the Board shall require the secretary 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-
(i) for a committee to investigate the matter and report on it to the Board; and
(ii) for the person in question to be afforded an opportunity of appearing before and being heard by the investigating committee 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 as aforesaid, the Board may so remove him by a letter signed on the direction of the Board.
(2) The Chief Medical Director may, in a case of misconduct by a member of the staff which in the opinion of the Chief Medical Director is prejudicial to the interest of the hospital, suspend any such member and any such suspension shall forthwith be reported to the Board.
(3) For good cause, any member of the staff may be suspended from his duties or his appointment may be terminated or he may be dismissed by the Board; and for the purposes of this section, "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 discharge of the functions of his office; or
(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; or
(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 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) of this section 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 to-
(a) whether to continue such person's suspension and if so, on what terms (including the proportion of his emoluments to be paid to him); or
(b) whether to reinstate such person, in which case, the Board shall restore his full emoluments to him with effect from the date of suspension; or
(c) whether to terminate the appointment of the person concerned, in which case, such person shall not be entitled to the proportion of his emoluments withheld during the period of suspension; or
(d) whether to take such lesser disciplinary action against such person (including the restoration of his emoluments that might have been withheld), as the Board may determine,
and in any case where the Board, pursuant to 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) It shall be the duty of the person by whom a letter of removal is signed in pursuance of subsection (1) of this section to use his best endeavours to cause a copy of the letter to be served as soon as reasonably practicable on the person to whom it relates.
(6) Nothing in the foregoing provisions of this section shall prevent the Board from making such regulations not inconsistent 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) above need not be published in the Federal Gazette but the Board shall bring them to the notice of all affected persons in such manner as it may from time to time determine.

Cite this section

Section 9, UNIVERSITY TEACHING HOSPITALS (RECONSTITUTION OF BOARDS, ETC.) ACT (1985).

https://repo.podus.ai/laws/university-teaching-hospitals-reconstitution-of-boards-etc-act/section/9/