Falana’s Legal Battle Fails As Appeal Court Upholds Public Officers’ Right To Seek Treatment Abroad

The Court of Appeal in Lagos has dismissed a request by Senior Advocate of Nigeria, Femi Falana, seeking to prohibit public officials from seeking medical treatment abroad, ruling that such a restriction would violate fundamental rights.....KINDLY READ THE FULL STORY HERE▶

Delivering the lead judgment, Justice Polycarp Terna Kwahar stated that denying public officers the option of seeking medical care outside Nigeria would amount to an infringement on their fundamental rights.

“It would be a breach of fundamental rights to prevent Nigerians, whether public officers or not, from accessing medical treatment abroad when necessary. Granting such a request would be draconian,” Justice Kwahar ruled.

Justices Mohammed Mustapha and Paul Bassi unanimously upheld the decision, affirming the Federal High Court’s earlier ruling delivered on January 10, 2021.

Falana’s Challenge to Government’s Health Sector Management

Falana had taken the Federal Government to court in July 2010, arguing that Nigerians have a legal right to the highest attainable standard of physical and mental health. He contended that the government’s failure to improve public hospitals violated its duty to protect citizens’ health.

His legal challenge sought:

• A court order compelling the government to equip and rehabilitate public hospitals.
• A ban on public officials using public funds for medical treatment abroad.

However, the trial court dismissed the suit, citing Section 6 (6) (C) of the 1999 Constitution, which classifies the provision of healthcare as a non-justiciable matter.

Appeal Court Upholds Non-Enforceability of Health Rights

Dissatisfied with the ruling, Falana appealed in 2021, but in its January 30, 2025, verdict, the Appeal Court upheld the lower court’s decision, emphasizing that the right to adequate healthcare falls under the Fundamental Objectives and Directive Principles of State Policy, making it unenforceable in court.

During proceedings, Falana presented evidence highlighting the poor state of Nigeria’s public hospitals and how inadequate medical infrastructure has led to preventable deaths. He further argued that he risked losing his life if he fell ill due to the country’s failing healthcare system.

Court Acknowledges Health Sector Challenges but Sticks to Law

While the court acknowledged the dire state of Nigeria’s medical facilities, it maintained that its ruling must align with constitutional provisions.

“The right to adequate medical facilities does not fall under Chapter IV of the 1999 Constitution. It would therefore be improper to classify it as a fundamental right,” the court stated.

It also dismissed Falana’s reliance on Indian case law, ruling that foreign legal precedents are not binding on Nigerian jurisprudence.

Ultimately, the court concluded that restricting public officials from seeking medical care abroad would amount to a violation of their fundamental rights.

“This appeal lacks merit and is hereby dismissed,” the judgment read, affirming the Federal High Court’s ruling.