Opinions of Thursday, 18 July 2024
Columnist: Monica Osei Bonsu
The national leadership of the Concerned Stakeholders of the Nursing and Midwifery Fraternity in Ghana (CSONMG) has received news of a grave crisis rocking the Nursing and Midwifery Council of Ghana (N&MC).
Under the watch of the Council's Board Chairperson and the Head of Human Resources Department at the N&MC, some elements at the Public Services Commission of Ghana (PSC), in collusion with corrupt politicians, are allegedly perpetrating a sham appointment process that flagrantly violates Ghana's constitutional provisions, labor laws, democracy, the rule of law, public trust, and human rights.
We have been closely monitoring the happenings at our regulator's headquarters, the N&MC, since the exit of the former registrar about two years ago and are increasingly getting very disquieted about the undue delay in appointing a substantive registrar.
This seeming lacuna has created a leadership vacuum, exacerbated by the Acting Registrar's incompetence and vindictive tendencies.
Furthermore, the management's blatant disregard for Article 296 of the 1992 Constitution, as evidenced by their biased decisions targeting perceived threats among staff and clients of the Council, has not only irreparably damaged N&MC's credibility but also created a toxic work environment characterized by fear, reprisal, and impunity amidst an impoverishing condition of service for the council's staff and inhumane customer services for clients at large.
Our concerns include a recent case of concocted eligibility criteria by the Human Resources Department of the N&MC in collaboration with the Board, which discriminatorily excludes qualified internal applicants in favor of the Acting Registrar. This contravenes Article 17 of the 1992 Constitution and Section 8 of the Public Services Commission's Act, 1994 (Act 482).
It is also alleged that no opportunity was afforded to external applicants to apply for the vacancy of the Registrar, thereby unlawfully restricting the applicant pool and perpetuating a feigned and bogus appointment process in brazen violation of the principles of transparency and fairness.
This violation undermines merit-based appointments, as established in the landmark case of Jock Tamaki vs. GNPC [2019], where the Supreme Court reinforced the importance of merit-based appointments in Ghana's public service, aligning with international best practices and upholding the rule of law.
Additionally, the Head of HR and Board Chairperson have usurped the powers of the Public Services Commission by fraudulently determining not only the eligibility criteria but also receiving applications, clearly contravening Sections 4 and 8(1) of the Public Services Commission Act, 1994 (Act 482).
Effectively, these sections of Act 482 empower the Public Services Commission to independently manage public service recruitments, especially at senior levels, ensuring competency-based appointments and promotions, thereby promoting a professional and impartial public service.
Fundamentally, this dubious conduct of the Council's leadership violates statutory provisions, especially Section 25 of the Labour Act, 2003 (Act 651), and compromises the integrity of the appointment process.
Basically, Section 25 of Act 651, supra, mandates employers to conduct recruitment processes that are fair, transparent, and free from discrimination, ensuring equal opportunities for all applicants.
Additionally, there are also reports of a purported secret interview for the acting registrar, which eliminates competent applicants.
It will be very reassuring to learn that the Public Services Commission has not indeed conducted such secret interviews for the Acting Registrar, unfairly excluding qualified applicants, as such a practice will be a clear violation of Section 8(2)(3) of the Public Services Commission Act, 1994 (Act 482).
Could such opaque processes not be described as a brazen display of manipulation, bias, and disregard for meritocracy by perpetuating cronyism and nepotism in defiance of the Supreme Court's ruling in Amidu vs. Attorney-General [2020], which affirmed the principle of equality before the law and the importance of accountability in governance?
In conclusion, in the spirit of good governance and our common pledge to hold in high esteem the heritage won for us through the blood and toil of our "fathers," we demand from the powers that be the immediate annulment of this tainted process, a thorough investigation, and a new, transparent appointment process that adheres to constitutional, statutory, and international best practices.
We also recommend the appointment of a competent candidate for the position of registrar to lead the Nursing and Midwifery Council of Ghana to secure, indeed, in the public interest, the highest standards of training and practice in nursing and midwifery, even as we brace ourselves to execute Agenda 111.
We accordingly urge the presidency, as the constitutionally mandated appointing authority, to intervene promptly and exercise its legal prerogative to address this situation to ensure a fair and transparent appointment process.
As a caring profession, nurses and midwives comprise the majority of the health workforce in Ghana.