The judge said that since the NBTE and PCN have become aware of the pendency of the suit against them and even joined issues with those who filed a case against them.
The Federal High Court in Abuja has given an order stopping the implementation of the scrapping of the Higher National Diploma (HND) in Pharmaceutical Technology by the National Board for Technical Education (NBTE) and the Pharmaceutical Council of Nigeria (PCN).
The order was issued on a temporary basis.
Justice Peter Lifu ordered the NBTE and PCN to put their decision against HND on Pharmaceutical Technology on hold until a legal action instituted against them by six aggrieved Nigerians is fully determined.
The judge said that since the NBTE and PCN have become aware of the pendency of the suit against them and even joined issues with those who filed a case against them, they should maintain status quo till the suit is fully determined.
Specifically, Justice Lifu ordered that no step must be taken by any of the parties on the subject matter until he has taken final decision on the dispute.
The judge had earlier ordered the NBTE and PCN to appear before him and explain the rationale behind their move to scrap the award of Higher National Diploma (HND) Pharmaceutical Technology in all institutions in Nigeria.
He ordered them to appear before him for their defense but the matter could not proceed due to non completion of service of processes filed.
However, the six plaintiffs through their lawyer, Adewunmi Adebayo moved an ex-parte application praying the court for permission to join the Minister of Education in the suit.
The plaintiffs told the court that their decision to join the Education Minister was informed by the fact that the Ministerial meeting where the resolution to scrap the HND Certificate in Pharmaceutical Technology was convened at his instance.
After taking arguments of the lawyer, Justice Lifu fixed September 11 for ruling in the application.
The judge said that pending the resolution of the grievances of the plaintiffs, nothing must but be done in the matter so as not to undermine the authority of the court and render the case nugatory.
“I expect all parties to maintain status quo in this matter. Obeying court order is good for democracy, society and indeed, peace of the country.
“You as lawyers and ministers in the temple of justice should advise your clients that they should comply with court order,” he said.
Kamaludin Umar who stood for the NBTE informed the judge that his client is a law abiding organization and would not do anything detrimental to the order of the court.
The NBTE had in a circular dated April 7, 2024, resolved to discontinue the award of HND certificate in Pharmaceutical Technology in all institutions under its control.
In the circular, the NBTE indicated that it will henceforth stop granting approval and accreditation of HND in Pharmacy Technician Programme but, will however continue to grant approval and accreditation of National Diploma in Pharmacy Technology.
The circular signed by the Executive Secretary of the NBTE, Prof Idris Bugaje, after a ministerial meeting in the Federal Ministry of Education in Abuja said that all students currently studying Pharmacy Technology programme will be allowed to graduate but that there shall be no fresh admissions as from April 2024.
The circular also indicated that graduates of Pharmacy Technology may have no place in clinical setting according to PCN but can seek employment in other sector.
Not satisfied by the decision, the six plaintiffs through their lawyer, Mr. Adewunmi Adebayo had approached the court in an ex-parte application seeking for an order of interim injunction restraining the two defendants from implementing or giving effect to the circular that sought to discontinue the HND programme in Pharmacy Technology.
After listening to lawyer Adebayo’s arguments, the judge agreed that the matter is of utmost national urgency.
Justice Lifu thereafter ordered them to go and amend their processes to accommodate necessary parties in view of the national and sensitive nature of the request being made from the court.
Plaintiffs in the suit marked: FHC/ABJ/CS/911/2024 are Abdul Aziz Bello, AbdulRasheed Tanimu, Osaro Odeh, Comrade Olufemi Adebisi, Medical and Health Workers Union of Nigeria and the National Association of Pharmaceutical Technologists and Pharmacy Technicians of Nigeria.
The two defendants are the NBTE and PCN.