The Court of Appeal sitting in Lagos has dismissed the appeal brought by Senior Advocate of Nigeria, Femi Falana, seeking to prohibit public officers from seeking medical treatment abroad at public expense.
The judgment, delivered on January 30th, 2025, upheld the earlier ruling of the Federal High Court, Ikeja, asserting that the right to adequate medical facilities in Nigeria falls under the Fundamental Objective and Directive Principles of State Policy, which are non-justiciable.
Justice Polycarp Terna Kwahar, who led the three-man panel of justices, emphasized that preventing Nigerians, including public officers, from seeking medical attention outside the country when necessary would constitute a breach of their fundamental rights.
Justices Mohammed Mustapha and Paul Bassi concurred with the judgment, reinforcing the stance that the issue of adequate medical facilities is a matter of state policy rather than enforceable through judicial intervention.
Falana had initially filed the lawsuit in July 2010, arguing that the Nigerian government’s failure to equip public hospitals infringed upon citizens’ right to the best attainable state of physical and mental health.
The trial court, however, dismissed the case, citing the non-justiciability of issues related to the provision of adequate medical facilities under the constitution.
In response to the Appeal Court’s decision, Falana expressed disappointment, stating that allowing public officers exclusive access to medical treatment abroad while neglecting the local healthcare system perpetuates inequality and violates the right to life guaranteed by the constitution.
He vowed to challenge the ruling at the Supreme Court, underscoring the constitutional imperative of equal access to healthcare for all Nigerians.
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