DR. MEMUNATU ABASS TANKO vs NATIONAL HEALTH INSURANCE AUTHORITY

1. BACK GROUND

The originating application in this action was filed on 01-03-2018. Subsequently, on 15-05-2019, the relevant written legal submission, entitled‘Statement of Case’ was filed.

Respondent field affidavit in answer on 25-03-2019. When matters related to preliminary objection were dealt with, counsel for Respondent filed a written submission.

The relevant process is the one filed on 14-06-2019. Order 67 Rules 5 of the High Court, Civil procedure Rule, 2004, C. I. 47/04, provides that the action be set d own for hearing.

Even though that process, if it had been filed should contain the triable issues, the motion and legal written submissions filed contained the issues for determination, in this trial.

2. TRIABLE ISSUES AND RELIEFS

i. Whether or not the purported transfer of Applicant from National Health Insurance Authority [N. H. I. A] by the Chief Executive without recourse to the Public Services commission is ultra vires.

ii. Whether or not the transfer of Applicant from N. H. I. A, to the Ministry by the Chief Executive, without recourse to the Public Services Commission is UNREASONABLE and in Breach of Applicant’s right to Administrative justice.

iii. Whether or not the purported transfer of Applicant from N. H. I. A to the Ministry by the Chief Executive without recourse to the Public Services Commission violates her rights to work.

iv. Whether or not the purported transfer of Applicant from N. H. I. A by the Chief Executive without recourse to the Labour rules on organizational restructuring is contrary to law.

These issues can be found under paragraph 39 of the deposition in support.

They have been stated as grounds upon which the application has been made.

In paragraph 40 of the deposition in support, the Reliefs sought could be found.

They are:

i. A declaration that my purported transfer from the Authority to the Ministry by the Authority’s Chief Executive without recourse to the Public Services Commission is ultra vires.

ii. A declaration that my purported transfer from the Authority to the Ministry by the Authority’s Chief Executive without recourse to the Public Services Commission is unreasonable and in breach of my right to administrative justice.

iii. A declaration that my purported transfer from the Authority to the Ministry by the Authority’s Chief Executive without recourse to the Public Services Commission violates my right to work

iv. A declaration that my purported transfer from the Authority to the Mini