NMA Membership Deemed Voluntary by Abuja High Court

Joy ChukwuMay 15, 20241 Mins read563

The Federal High Court in Abuja has ruled that according to Section 40 of the 1999 Constitution of Nigeria (as amended), individuals have the right to assemble freely and associate with others, making Nigerian Medical Association (NMA) membership voluntary.

Justice Donatus Okorowo delivered this significant judgment in response to a case brought by Dr. Olusola Adeyelu.

Adeyelu, a specialist respiratory physician, contested the Medical and Dental Council of Nigeria and The Incorporated Trustees of the Nigerian Medical Association in court over his freedom of association rights.

He had notified the medical practitioners’ regulatory body, MDCN, in 2019 about his intention to withdraw his membership due to what he saw as a lack of internal democracy and unjustified levies imposed by the NMA.

Despite Adeyelu’s objection, MDCN insisted on the compulsory payment of the NMA’s building levy for license renewal in 2020.

Adeyelu then took legal action on September 20, 2021, seeking a court order declaring NMA membership voluntary and affirming his right to resign from the association while practising medicine.

In his judgment delivered on May 6, Justice Okorowo affirmed that NMA membership is voluntary, aligning with constitutional provisions.

The court supported Adeyelu’s argument, asserting his freedom of association and the right to join or disassociate from the NMA. Justice Okorowo emphasised that NMA membership cannot be forced but must be voluntary for medical practitioners in Nigeria.

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