A legal practitioner, Bernard Okpi, has filed a suit at the Federal High Court in Abuja, challenging a bilateral health agreement between Nigeria and the United States over allegations that it could expose sensitive medical data of Nigerians to foreign control.
The suit, marked FHC/ABJ/15/549/2026 and filed on 16 March, is aimed at stopping the implementation of a Memorandum of Understanding (MoU) signed on 19 December 2025 between both countries.
Okpi is asking the court to determine whether the agreement violates Nigerians’ constitutional right to privacy and existing data protection laws.
Joined as defendants in the case are the
President, the Attorney-General of the Federation, the Federal Ministry of Health and Social Welfare, the President of the Senate, and the Speaker of the House of Representatives.
At the centre of the legal challenge is a provision in the agreement that allegedly permits the collection and transfer of Nigerians’ health data to the United States.
According to court documents, the data in question may include medical records, blood samples, pathogen testing results and genetic information.
The plaintiff argued that a related but undisclosed “Specimen Sharing Agreement” obliges Nigeria to provide such sensitive data within five days of request, with the arrangement reportedly lasting up to 25 years.
Okpi contended that such provisions directly contravene the National Health Act 2014 and the Nigeria Data Protection Act 2023, both of which safeguard patient confidentiality and regulate the handling of personal data.
He further argued that the agreement violates Section 37 of the 1999 Constitution (as amended), which guarantees the right to privacy for all citizens.
The suit also raises concerns about the role of the National Assembly, arguing that the agreement—given its far-reaching implications—ought to have undergone legislative scrutiny and approval.
Okpi is seeking, among other reliefs, a declaration that the MoU is unconstitutional, an order halting its implementation scheduled for 1 April 2026, and a directive compelling the government to release the full text of the agreement to the public.
The legal challenge further highlights concerns over provisions allegedly favouring faith-based healthcare institutions.
Okpi argued that prioritising religiously affiliated facilities in a diverse, multi-faith country like Nigeria could trigger social tension and potentially violate constitutional provisions on non-discrimination and freedom of religion.
Opacity fuels controversy
The dispute over the MoU has been intensified by the government’s refusal to make its full contents public.
Although Nigeria and the United States signed the agreement as part of efforts to strengthen health security, improve primary healthcare, and enhance disease surveillance, both governments have presented differing interpretations of its provisions.
In February, Premium Times submitted Freedom of Information requests to both the Federal Ministry of Health and the US Embassy in Abuja, seeking access to the agreement.
While the ministry has yet to respond, the US Embassy confirmed that the document is not publicly available.
The embassy disclosed that the agreement could provide about $2.1 billion in funding over five years, subject to approval by the US Congress, while Nigeria is expected to contribute more than $3 billion in counterpart funding.
It also stated that a portion of the funding would support faith-based health facilities, noting that such institutions—many of which are Christian—currently serve a significant portion of Nigeria’s population.
The agreement has drawn criticism from various quarters, including political and policy stakeholders who have raised concerns about transparency, national sovereignty, and potential constitutional breaches.
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