The Court of Appeal in Lagos has dismissed a request by Senior Advocate of Nigeria, Femi Falana, to ban public officers from seeking medical treatment abroad at public expense. Justice Polycarp Terna Kwahar, reading the judgment, stated that restricting such medical treatment would infringe on the fundamental rights of Nigerians, whether public officers or not. The court affirmed the earlier ruling of the Federal High Court in Ikeja, delivered on January 10, 2021.
Falana had sued the Federal Government, arguing that the failure to adequately equip public hospitals violated Nigerians’ right to health. He sought a court order to compel the government to improve local health facilities and prevent public officials from accessing foreign medical care at taxpayers’ expense.
However, the court ruled that the right to adequate medical facilities falls under the non-justiciable “Directive Principles of State Policy” and not as a fundamental right under Nigeria’s constitution.
The court also rejected comparisons with legal precedents from other countries, stating that Nigeria’s laws on fundamental rights do not extend to health-related issues in the same way. It noted that while the condition of Nigeria’s public health sector is concerning, the law must take its course.
Reacting to the ruling, Falana criticized the court’s decision, arguing that it was discriminatory to allow public officials to seek treatment abroad while ordinary citizens suffer from poorly equipped hospitals.
He vowed to appeal the judgment at the Supreme Court, emphasizing the constitutional right to life and equality before the law.
