Court orders MDCN to stop collecting levies from medical doctors
A federal High Court sitting in Enugu has granted a perpetual injunction stopping the Medical and Dental Council of Nigeria (MDCN) from collecting fees, dues, and levies from its members.
The order followed a suit instituted by a medical practitioner, Dr. Awkadigwe Fredrick Ikenna, who had sued the association for suspending him because he instituted a suit against it at the Enugu Division of the Federal High Court.
In the suit, he had challenged the MDCN, being the regulatory body for medical doctors and dentists in Nigeria, for collecting the Nigeria Medical Association (NMA) building levy from doctors across the country.
He had stated that anybody who refused to pay the levy was denied access to license for medical practice in Nigeria, describing the action as illegal, as it would cause a lot of pain to doctors in Nigeria.
He also challenged the association for suspending him and demanded N500 million as general and exemplary damages from the MDCN.
The court presided over by Justice I. N. Buba, had restrained the association from further displaying the building levy on Awkadigwe’s online or offline and ordered the association to issue him all such receipt and annual practicing license fees for which the plaintiff had made payments.
“The MDCN is not empowered by law in Nigeria to enforce collection of funds, fees, dues, levies, and other collections as prescribed by another body or association from the applicant,” Justice Buba stated in the order.
Consequently, he gave an order of perpetual injunction restraining the association and its privies from using its instruments whatsoever and howsoever, online or offline for the purpose of collection or enforcement of collection of funds, dues, levies, or another body and association from the plaintiff.”
He further awarded N250, 000 as cost in favour of the applicant.