President Jonathan, the tragic death of Dr. Effiong Akang due to the union strike requires an ultimatum to end the strike or face mass dismissal

Mr. President, the Nigerian healthcare workers' ongoing strike is seen as extreme by many and has significantly impacted lives in the last few weeks. Using your executive power, you have the authority to demand that they end the strike and return to work within 48 hours or face mass dismissal with instant replacements from near or far countries.

President Jonathan, Nigeria recently suffered a senseless death and tragic loss of a valued life in the death of Dr. Effiong Akang of the University of Ibadan, who was reportedly the only neuropathologist known internationally for his work in the area of the diseases of the brain and spinal cord.

The shocking death two days into this New Year was mainly the result of the labour strike by JOHESU (Joint Health Sector Unions), a Nigerian union made up of nurses, laboratory specialists, emergency care workers, and others.

Certainly, healthcare employees like other workers have the constitutional right to engage in concerted activities for the purpose of bargaining for better conditions, leverage for more money and other compensations. But in the event of an emergency relating to life and death matters, there should be legal restrictions, announced both written and verbally, on strikes in health care institutions , especially those who make the difference in critical life and death outcomes, such as emergency healthcare workers.

Totally walking out on healthcare facilities means, quite literally, walking out on critically ill patients. This is not only at odds with the healthcare code of conduct, but on balance, actions like this hurt the most critically ill especially, even more than the government.

The 52-year old Dr. Akang reportedly took ill with heart symptoms and placed a call on the same day to a cardiologist, who then asked him to come to the University College Hospital's Emergency Department. Apparently, there was no available emergency staff to operate the necessary machinery for breathing assistance. Dr. Akang, who was in an acute state, was then asked to proceed to a private hospital, but tragically he died on the way. If only the cardiologist had immediately asked Akang to proceed to the nearest private hospital, being aware there was a no-work status at the University's Emergency Department; if only there had been an available State or private ambulance with necessary medical equipment that could be called when Dr. Akang was in this life-threatening situation; and if only there had been a functional National or State emergency phone dispatcher system, Dr. Akang might be alive today.

His untimely death because of these limitations in the so-called “oil rich country” falls squarely into the lap of JOHESU. They need to be educated that the Constitution as it relates to union rights provides that the President's authority, through his executive power in matters of great urgency, does supersede labour rights, especially as it relates to public health emergencies.

In fact, the Constitution does not explicitly provide for the rights of citizens to embark on protests, a fact that needs to be made known to the union by the National Industrial Court of Nigeria.

Therefore, while the right to strike is considered a fundamental right whose derogation would be damaging to the proper functioning of employers/workers' collective bargaining, there must be an absolute understanding that a critical human need in an emergency health care situation is paramount in all circumstances.

Dr. John Egbeazien Oshodi is a Forensic, Clinical and National Psychologist and a former Secretary-General of the Nigeria Psychological Association. [email protected]

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Articles by John Egbeazien Oshodi, Ph.D.