The Court of Appeal sitting in Lagos has dismissed a request by Senior Advocate of Nigeria, Femi Falana, to ban public officials from seeking medical treatment abroad, stating that such a move would infringe on fundamental rights.
Delivering the lead judgment, Justice Polycarp Terna Kwahar ruled that preventing public officers from seeking medical attention outside Nigeria would be an unjust restriction on their fundamental rights.
“It will be an infringement or breach on the fundamental rights of Nigerians—be they public officers or not—to prevent them from seeking medical attention outside Nigeria when the need arises, and it will therefore be draconian to grant the request,” Justice Kwahar stated.
His ruling was unanimously supported by Justices Mohammed Mustapha and Paul Bassi, who affirmed the Federal High Court’s earlier judgment delivered on January 10, 2021.
Falana’s Case Against Government’s Handling Of Health Sector
Falana had dragged the Federal Government before the trial court in July 2010, arguing that Nigerians are entitled to the best attainable state of physical and mental health, as guaranteed by law.
He maintained that the government’s failure to repair and equip public hospitals constituted a violation of its duty to protect citizens’ health.
The senior advocate sought:
A court order compelling the government to repair and equip public hospitals.
A ban on public officials accessing medical treatment abroad at public expense.
However, the trial court dismissed the suit, ruling that provision of adequate healthcare is ‘not justiciable’ under Section 6 (6) (C) of the 1999 Constitution.
