ARTICLE 5

DISCIPLINE

1. A member of the Association may be subjected to disciplinary proceedings for any act of omission or commission which has been adjudged by the Nigerian Medical Association, based on acceptable professional ethics, to have brought the profession into disrepute.
2. Any action on the part of a doctor or dentist deemed to have brought the profession into disrepute or conduct detrimental to the interest of the Association or disdainful of its rules may be reported by any aggrieved person, concerned citizen or fellow member of the Association, to the Association through its officers.
3. Procedure
(a) A report made to the National President or Secretary-General shall be deemed to have been made to the Association.
(b) On receipt of such a report, the Secretary- General or any of the Assistant Secretaries-General or any other person appointed by NEC shall refer the complaint with all supporting documents to the National Disciplinary Committee (NDC).
(c) The Committee shall have the right to conduct its own independent investigation, but shall also call the member against whom the complaint is laid to defend himself through written and oral deposition at a stated place and time after reasonable notice.
(d) Having investigated the case, the Committee shall submit a report and its recommendation(s) to the National Executive Council (NEC).
(e) The NEC shall again review the substance of the complaint, the request and recommen-dation(s) of the Committee and dispose of the matter as it deems fit provided that if the defendant or complainant is dissatisfied he may appeal to the Annual Delegates' Meeting (ADM) through the Secretary-General or President in writing within three months of the decision(s) of NEC. The decision of the ADM shall be final.
(f) The NEC shall have the power to refer any person and/or matter to the NDC provided it shall do so before the NEC takes a decision on the case as provided for in Standing Order number 23 and the Constitution.
(g) Non payment of practising fee by any person brought before the NDC shall not invalidate the proceedings and decisions of the Association. Any reported medical or dental practitioner shall be subjected to disciplinary procedure by the Association provided he has registered to practise in Nigeria in any one year since graduation as a medical or dental practitioner.
4. Disciplinary Action
(a) A member found guilty of any act of omission or commission deemed to have brought the profession or the Association into disrepute or to be disdainful of its rules, after due process as provided for in this Constitution, may be subjected by the NEC to any of the following disciplinary actions according to NEC's judgment as to the gravity of the offence:
i. Reprimand
ii. Removal from office
iii. Denial of right to vote
iv. Denial of the right to hold office
v. Denial of right to represent the NMA on an outside body or the State branch on the ADM.
vi. Fine not exceeding 10 times his portion of the annual practising fee accruing to NMA.
vii. Referral to the Medical and Dental Council of Nigeria for disciplinary proceedings.
viii. Suspension.
ix. Expulsion
x. Any other punishment as may be deemed fit.
(b) Any member who fails to pay his annual subscription and/or practising fee on or before 31st December of the preceding year shall lose all the privileges of membership including the following:
i. Membership of any committee and/or the National Disciplinary Committee.
ii. The right to hold any office or elective position at all levels of the Association and professional groups.
iii. The Provisions of 5(6)(a)(i), 11(1)(b), 15(1)(c) and 18 shall not apply to any President that is removed from office. Any President who is removed from office shall not have the right to attend any meeting of the Association as an immediate Past-President or as a Past President or in any capacity. He shall also not have the right to represent the Association on any body.

5. State Disciplinary Committee Every State branch shall have the right to set up a state Disciplinary Committee composed as deemed necessary to investigate complaints and recommend disciplinary action against an erring member, provided that such a member shall be given due opportunity to defend himself and that the committee's recommendations shall be effected only after due approval by the State Executive Council and provided further that offences considered to be of serious professional import shall be referred to the National body in the first place or after due investigation and provided further that a member not satisfied with the deposition at state level may appeal to the National body.

6. National Disciplinary Committee(NDC) There shall be a National Disciplinary Committee of the Association herein before and after referred to as the NDC with the following characteristics:
(a) Composition Five permanent members plus 2 ad-hoc members (iv) and (v) appointed in respect of the case being treated:
i. A Past President who shall be the Chairman of the Committee
ii. Three other doctors of at least 10 years professional experience.
iii. One dentist of at least 10 years professional experience.
iv. One member from the same State branch as the member being investigated.
v. One member from the same affiliated Association as the member being investigated.
(b) APPOINTMENT The members of the NDC shall be appointed by the NEC on the recommendation of the National Officers.
(c) The term of office for every permanent member shall be two years. No member shall be entitled for re-election for more than two consecutive terms without a break of one year.
(d) (i) The Secretary of the NDC shall be the Deputy Secretary-General or any other person appointed by the NEC.
(ii) The Committee on receipt of a complaint shall convene within 8 weeks.
(iii) NEC shall constitute itself into a disciplinary body and hear complaints and pass judgment if the NDC is unwilling or unable to meet within 8 weeks of receipt of a complaint. If the defendant or complainant is dissatisfied he may appeal to the ADM through the Secretary-General or President in writing within three months of the decision of NEC.
(iv) An Emergency Delegates' Meeting or ADM shall constitute itself into a disciplinary body if the NEC is unable or unwilling to hear the case within 3 months of taking it over from the NDC. If the defendant or complainant is dissatisfied with the decision of an Emergency Delegates' Meeting, he may appeal to the ADM through the Secretary-General or President in writing within three months of the decision.
When an ADM acts as a disciplinary or appellate body, its decisions shall be final.
(v) The Chairman of the National Disciplinary Committee (NDC) shall not be a member of NEC.
(vi) Quorum for NDC shall be 5 members and once quorum is formed, the NDC's decisions shall be valid.
(vii) The Secretary of the NDC shall not be a member of the NDC provided this shall not apply where the Secretary to the NDC is absent from a meeting and the NDC appoints one of its members to act as the Secretary of the meeting.
(viii) Non appearance of a member at the NDC when there is evidence that he was in receipt of the letter of invitation or he was in the meeting where he was referred to the Committee or in possession of the minutes in which the decision was taken shall be taken as contempt of the NDC, and NEC shall have the right to take any disciplinary actions including those stated in Article 5.
(ix) Walking out of the Committee or passing any derogatory remark against it when it is in session or out of session shall also constitute a contempt. The NEC shall have the right to take any disciplinary actions including those stated in Article 5.
7. (a) The NEC shall have the right by a 3/4 majority to discipline a State or FCT Abuja branch for whatever cause.
(b) An appeal shall be made in writing by the branch within three months of the NEC decision through the President and/or Secretary-General to the ADM. An appeal to the ADM shall succeed if the appeal is upheld by 2/3 majority of delegates present at the ADM. The decision of the ADM shall be final.