Nigeria has in operation a Presidential system of Government and an autochthonous Constitution. The Constitution of the Federal Republic of Nigeria (here in after referred to as CFRN) as amended is Supreme, it is the grundnorm of all other laws of the Federation.

All persons, Institution and authorities are subject to and bond by the provisions of the Constitution[1] it clearly defines the operation of the government of the country, established the three arms of government, the powers and duties of each arm.

Section 5(1) and (2) of CFRN 1999 as amended vests the executive power of the Federation in the President and clearly highlighted the duty of the executive.

(1) Subject to the provisions of this Constitution, the executive powers of the Federation:
Shall be vested in the President and may subject aforesaid and to the provisions of any law made by the National Assembly be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation;
and

Shall extend to the execution and maintenance of this Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has for the time being, powers to make laws.
It is clear that the powers of the executive is vested in the President who may act through its Vice-President or Ministers for the primary purpose of executing and maintaining the provisions of the Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has powers for the time being to make[2]. We therefore understand that the President is charged with the duty to execute and ensure strict compliance with the provisions of the Constitution Laws of the Federation and exercise discretion over matters which the National Assembly has power to legislate on but are yet to enact a law .I.e subject-matters highlighted in the exclusive legislative list in the ……… schedule of the CFRN 1999 as amended which the National Assembly is yet to legislate on.

Having this at heart, one would wonder why as pointed out in a Press Release on the 7th April 2020 by Lifeline Center for Medical and Health Right Advocacy[3] the Federal Government through the executive arm of Government would insist on importation of Chinese Doctors to fight Covid-19 Pandemic in Nigeria despite the objections and condemnation from relevant stakeholders in the Nigerian healthcare delivery system, notably the Nigerian Medical Association (NMA), the Nigerian Association of Resident Doctors (NARD) and the Nigerian Union of Journalists (NUJ)[4] and in clear contravention of the Law governing the registration of foreign Medical and Dental practitioners in Nigeria.

The Medical and Dental Practitioners Act[5] established the Medical and Dental Practitioners Council charging it with amongst others the responsibility of registering and granting practice license to Doctors and Dentist in Nigeria.

The Medical and Dental Practitioners Act[6] particularly Sections 8 and 9 of the Act and as a matter of practice requires that every foreigner who obtained a medical qualification from any institution outside Nigeria and who wishes to practice medicine in Nigeria must satisfy the Medical and Dental Council of Nigeria, that his qualification was obtained from an institution approved by the Council. Upon the satisfaction of this condition precedent, he must proceed to submit himself to a test, screening and other due diligence to satisfy the Council that his training, skill, competence and character are such as would not jeopardize the life and health of Nigerian patients[7].

Premium Times reported [8] that the Federal Government on Wednesday received a 15 member medical team from China and some medical equipment as well as supplies to strengthen efforts to fight Covid-19 Pandemic. The 15 member medical team were said to be Specialists in Infectious disease, Respiratory Illness, Intensive Care, Cardiology, Neurology, General Surgery and anesthesiology. Although the report equally stated that the primary purpose of the working team was to escort the medical supply, provide guidance for their usage and distribution and to provide CCECC[9] employees with critical and necessary healthcare assistance where necessary, we still cannot dispute the real intention as disclosed by the Federal Government earlier.

The report also stated the team of Doctors are being quarantined for 14days before they would be allowed to work in Nigeria however there is not yet any evidence that the doctors from China have met the condition precedent set out by the Medical and Dental Practitioners Act nor is there any evidence of an intention to comply with this laid down rules and procedure

It is also worthy of note that Nigeria has quite a number of Specialists in the above highlighted areas and from official the official report on NCDC[10] Our Doctors(Nigerian Doctors) are doing a great Job, the number of discharged patients as at 12th April 2020 was 85.

Some Nigerians might see reasons with the Federal Government, if China has been able to curb the Spread of Covid-19, they could provide professional assistant to Nigeria in curbing same. But to what extent.

Our humble submission is that the Constitution remains autochthonous and the laws of the Federation must be enforced by the Federal Government. We implore the Federal Government to make decisions in tandem with our Local Laws and not in breach of same.

The inherent powers of the executive are pursuant to its express powers, the Federal Government should not for all intent and purposes act outside the purview of our laws. It has the duty to maintain and execute the provisions of our Constitution as well as the provisions of all the Laws of the Federation. The rule of law must be preserved for the sake of order and good governance.

We equally suggest that such Laws as the Local Content Act[11] which was enacted in 2010, specifically to ensure the participation of Nigerians in the Oil and Gas Industry be enacted and its scope expanded to meet the need for other sectors. If such law as the Local Content Act is enacted and makes provisions such as where we there are Nigerian experts or professional in certain fields or areas, they should be allowed to do the work, and not sidelined by foreigners.

LAGUDA ADETOLA. O. ESQ.,ABUJA..

[1] Section 1(1)-(3) CFRN 1999 as amended.

2 Nnamdi Adumba , Key Issues in Constitutional Law; The Executive

[3] Lifeline Center Press Release On

Proposed Importation Of Chinese Doctors To Fight Covid- 19 Pandemic In Nigeria

Made On The Occasion of the 2020 World Health Day (7/4/2020).

[4] Ibid.

[5] CAP M8, Laws of the Federation of Nigeria 2004.

[6] Ibid.

[7] Supra.

[8] The Nigerian Lawyer, < https://www.premuimtimesng.com >, accessed 13th April, 2020.

[9] .China Civil Engineering Construction Corporation.

[10] Nigeria Center for Disease Control.

[11] The Nigerian Oil and Gas Industry Content Development Act 2010.