Yusuf took to a Federal High Court in Abuja to sue two ministers and NHIS.
In the suit number: FHC/ABJ/CS/1220/2018, Mr Yusuf instituted legal action against the Ministers of Health and Justice as well as the NHIS.
The six-page summons was filed by Uchechukwu Obi of Alliance Law Firm, Abuja, on behalf of the plaintiff.
The respondents are expected to appear within 21 days after the summons was served
The summons read in part thus: “The plaintiff prayed whether the Governing Council of the NHIS has the powers under the provision of the NHIS Act, particularly Sections 6 and 7 of the Act, to suspend or remove from office the plaintiff who was appointed by the President.
“Whether the Governing Council of NHIS has the powers under the provision of NHIS Act to discipline the plaintiff or to investigate allegations made against him as purported by their internal memorandum dated Oct.19, 2018.
“Whether the Hon. Minister of Health under the NHIS Act Section 47 of the Act is equipped with the statutory powers to authorise the suspension from office of the ES of NHIS without the approval of the President.
“Whether the decision of the Governing Council to suspend the ES of the NHIS taken by 4 out of 11 members of the Council can be said to be a decision of the council in accordance with the NHIS Act.
“Whether the Governing Council can appoint the General Manager, Legal Department, or any other employee of the scheme to oversee the affairs of the scheme in acting capacity without the approval of the President,’’ among others.
Mr Yusuf therefore prayed the court to determine all the aforementioned questions in his favour and consequently sought for the following reliefs:
“A declaration that the Governing Council of NHIS lacks powers under the provisions of the NHIS Act to suspend or remove the plaintiff who was appointed by the President for a five year term.
“A declaration that the members of the council lacks the powers under the provision of the NHIS Act to discipline, or set up the machinery to discipline the plaintiff or investigate allegations made against him as purported by the internal memorandum dated Oct. 19.
“A declaration that the internal memorandum dated Oct. 19 which was purportedly issued by the council and signed on their behalf by its Chairman in which it purported to have suspended the plaintiff as the ES of NHIS is ultra Vires, null and void and of no effect.
“An order of court setting aside and cancelling the purported suspension of the plaintiff from office as the ES of NHIS.
“An order of court reinstating the plaintiff as the ES of the NHIS.
“An order of perpetual injunction restraining the defendants, their members, servants, employees, agents, officers or any person from disturbing, obstructing the plaintiff from carrying on his official duties as the ES of the NHIS,’’ among others.
A copy of the summons was stamped received by the NHIS head office in Abuja on Oct. 30.
The case is yet to be assigned for date for mention to be fixed.