Department of Private and Property Law

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Browsing Department of Private and Property Law by Subject "1999 Constitution"

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    Analysis of Adherence to Hippocratic Oath in Practice vis-a-vis Strike Action by Medical Practitioners in Nigeria
    (Maiduguri Law Journal, 2020) Adebayo, Bamidele Olasehinde
    Strike by medical practitioners is a global challenge, potentially having a negative impact on human lives. Striking doctors have a moral and legal dilemma between adherence to the Hippocratic Oaths of their profession and their constitutional right to embark on strikes when necessary, like other employees. However, the right to life is an omnibus right that encompasses other basic rights, but the Nigerian judiciary has not made a pronouncement on this, such as making right to health care a component of the right to life. Mostly, the contradiction is that the exercise of one right (such as the right to strike) may have a direct negative impact on the attainment of another (such as the right to life). The right to life is supreme, paramount, sacrosanct, and indispensable. Therefore, any other right which is inconsistent with the right to life should be declared null and void to the extent of the inconsistency. The writer adopts the doctrinal (conceptual/library-based) research method in this paper by extensively consulting statutes, treaties, case law, journals, books, international agreements, the internet, and so on. The paper argues that as much as medical practitioners are legally entitled to embark on strike to press home their demands, this right should be abrogated concerning them because of the essential and peculiar nature of their job. To compensate doctors for this 'denial' of their right to strike, the paper suggests that the government must ensure that all necessary conditions that will make the health sector attractive to them arc in place, and thereafter, outrightly ban strike by medical doctors. In other words, because of the essential nature of their job, just like the Police and Army, medical doctors should be incapable of embarking on strike action. The paper concludes that the improved condition of service of medical practitioners will prevent strike action and discourage brain drain, by which the government would be seen to have performed their primary duty of protecting the constitutionally guaranteed right to life of the citizens.