Connect with us

News

Appeal Court Declines Falana’s Request To Ban Public Officers From Medical Tourism

Published

on

The Court of Appeal sitting in Lagos has turned down a request by Senior Advocate of Nigeria, Femi Falana, to ban public officers from seeking medical treatment abroad.

“It will be an infringement or breach on the Fundamental Right 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 Polycarp Terna Kwahar who read the judgment on behalf of the three man panel of justices held.

The other justices of the court, Justice Mohammed Mustapha and Justice Paul Bassi, agreed and affirmed the judgment of the Federal High Court, Ikeja delivered on January 10, 2021.

In July 2010, Mr Falana had dragged the Federal Government before the trial court seeking among other things a declaration that Nigerians are entitled to the best attainable state of physical and mental health as guaranteed by law and the failure of the Government to repair and equip public hospitals and medical centres in Nigeria constitutes a violation of the right to protect the health of Nigerians and to ensure that they receive medical attention when they are sick.

He sought a court order directing the government to repair and equip the hospitals and an order restraining public officials from accessing medical checkups in any foreign hospital and being treated at public expense in such hospitals.

The trial court, after considering the issues, struck out the suit on the ground that the provision of adequate medical and health facilities is “not justiciable” by virtue of section 6 (6) (C) of the constitution.

ALSO READ:  Gov Sule Gives NIPR Go-Ahead For Establishment Of Finishing School In Nasarawa

Dissatisfied with this judgment, Falana appealed in 2021 and in a unanimous judgment delivered Jan. 30th, 2025, the court of appeal agreed with the trial court that, “the right to adequate medical facilities in Nigeria is part of the Fundamental Objective and Directive Principles of State Policy,” and is therefore “non justiciable”.

The court of appeal noted that while before the trial Court, Mr Falana demonstrated the ill-equipped nature of public hospitals in Nigeria and the resultant effect of the untimely deaths emanating from this lackadaisical disposition of government.

Mr Falana had posited that he could lose his life if he fell sick since the hospitals in Nigeria cannot attend to serious health ailment or challenges but the court of appeal in it’s judgment held that despite the issue of inadequate medical facilities in the country, worrisome as it is, the law must take its course.

The court also said that “It is very obvious that the right to adequate medical facilities does not come under Chapter IV of the 1999 Constitution [as amended], so It will therefore be anachronistic to leapfrog this human right into fundamental right.”

The judgment reads in part: “Notwithstanding that there are cases where the right to life is expanded to include the right to food and shelter, however, since the issue before me is on medical or health matters, I shall not go on frolic to analyse the issue of right to food and shelter in this appeal. How would the matter of Public Officers treatment outside Nigeria be an issue that is linked with the fundamental right of the Appellant!” The question to ask is, what does fundamental right means?

ALSO READ:  There Is nothing Like A Warning Strike, FG Warns Doctors To Keep Working

The Court said that “A fundamental right is a right guaranteed in the Constitution. Fundamental rights’ means any of the fundamental rights provided for in Chapter IV of the Constitution and includes any of the rights stipulated in the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act 2004.”

“Merely entrenching a right in the 1999 Constitution does not automatically make such a right ‘fundamental right’.

“Of all the cases referred to by the Appellant, none of them has any link with our jurisprudence. They are all from India, and this court is not bound to follow them. Persuasive as they are, I refuse to follow those cases as highlighted below:

“(a) Paschin Banga Kher Mazdouer Samity V. State of West Bengel (1996) 4 SCL.
“(b) Pt Parmanand Katara V. Union of India &Ors (1989) CS 2039.
“(c) Consumer Education and Research Centres & Ors V. Union of India.

“On the contrary, it will be an infringement or breach on the Fundamental Right of Nigerians, be they Public Officers or not, to prevent them from seeking medical attention outside Nigeria when the need arises, this Court will therefore be draconian to grant the prayers.

“Although the averment of the Applicant/Appellant were not controverted at the trial court by the Respondent, this court been a court of justice, looked at the affidavit of the Appellant at the lower court and the facts therein do not fly with the extant laws on fundamental right so cannot be swept under the carpet, since doing otherwise will be going against judicial precedent and against the settled principle of stare decisis.

ALSO READ:  Seun Kuti Detained Over Assault Of Policeman

“This application brought by the appellant seeks to import into Chapter IV what was not and is not provided for, granting the prayers in this appeal will be a travesty of justice. The lower Court did a very perfect Constitutional Law analysis and rightly too, by explaining the difference between economic, social and cultural rights since these Human Rights fall under Chapter II of the 1999 Constitution and not under Chapter IV of the 1999 Constitution.” I find no merit in this appeal, I dismiss the appeal and affirm the Ruling delivered by the Federal High Court, Ikeja on the 10ht January, 2011.

“I make no orders as to cost.”

In a statement made available to the press Sunday afternoon, Falana in his reaction to the judgment, said that “the Court of Appeal failed to appreciate that it is discriminatory to allow a few public officers to seek medical treatment abroad while the millions of poor citizens are allowed to die in ill-equipped local hospitals.”

Falana further said, “The Court equally failed to realise that the fundamental right to life is incomplete without the protection of the right to health by the federal, state, and local governments in Nigeria. I will certainly challenge the erroneous judgment of the Court of Appeal at the Supreme Court on account of the constitutional guarantee of right to life and equality before the law”.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

President Tinubu Celebrates Pastor Enoch Adeboye’s 83rd Birthday

Published

on

President Bola Ahmed Tinubu has extended his heartfelt congratulations to Pastor Enoch Adeboye, the esteemed General Overseer of the Redeemed Christian Church of God (RCCG), as he marks his 83rd birthday.

Recognising his extraordinary dedication to faith and service, Tinubu commended Pastor Adeboye for his unwavering spiritual leadership, humility, and commitment to humanitarian causes.

In an official statement shared via social media, President Tinubu described Pastor Adeboye as a pillar of wisdom and a guiding light for millions across Nigeria and beyond.

He acknowledged the pastor’s steadfast devotion to spreading the gospel, uplifting communities, and fostering unity through his teachings.

“Pastor Enoch Adejare Adeboye epitomises unwavering faith, profound wisdom, and deep humility,” Tinubu stated. “His commitment to the gospel and selfless service continues to inspire generations, making an enduring impact on lives worldwide.”

He lauded Pastor Adeboye’s remarkable leadership within the RCCG, noting that his influence extends far beyond the church.

He emphasised that Adeboye’s dedication to spiritual enlightenment and charitable work has significantly transformed lives, reinforcing his status as one of Nigeria’s most respected religious figures.

“As he marks his 83rd year, I pray for his continued strength, robust health, and divine grace to keep leading and inspiring people across the world,” Tinubu added. “Happy Birthday, Daddy GO.”

ALSO READ:  Barau distributes 69 trucks of fertiliser to Kano farmers
Continue Reading

News

Police debunk rumors of heavy presence of terrorist in FCT

Published

on

Nigeria Police Force (NPF) has described as false and misleading, a message circulating on WhatsApp and other social media platforms, alleging the presence of 79 terrorists in the Lugbe axis of Abuja and it’s environs, and announcing a curfew.

The Force spokesman, ACP Olumuyiwa Adejobi , who debunked the report in a statement on Sunday, said the message is entirely untrue and should be disregarded.

He said the Police Force categorically debunks the claims made in the message. From intelligence gathered by the Force Intelligence teams and other security agencies, there are no terrorists taking refuge in the Lugbe area of the Federal Capital Territory.

“The message, purportedly signed by “ACP Prince Olumuyiwa Adejobi, Public Relations Officer (FPRO) Police Command Headquarters, Abuja”, is a fabrication.

“The Force believes this message was generated by a devious person/persons with intents to create tension, incite panic and distabilize the existing peace in the FCT.

ACP Adejobi urged the citizens to digest only news and information from the official handles of the Nigeria Police Force on social media, viz @PoliceNG on X, @ngpolice on Facebook, and @nigeriapoliceforce on Instagram and verified news sources.

He urged the public to exercise caution when sharing information online and to verify the authenticity of any security-related alerts with official sources before disseminating them.

“Citizens should disregard news and information not originating from authentic police sources and should not panic due to unverified news circulating on social media.

“The Nigeria Police Force remains committed to ensuring the safety and security of all citizens and residents of the Federal Capital Territory and the entire country. We encourage the public to remain vigilant and report any suspicious activity to the nearest police station or through our emergency contact lines.

ALSO READ:  Shell allays fears on oil export over leakage at Bonny terminal

“The Nigeria Police Force appreciates the cooperation of the public and assures them of our unwavering dedication to protecting lives and property.”, he said.

Continue Reading

News

Many Abuja residents lament harsh economic policies

Published

on

Many residents of the Federal Capital Territory (FCT), have continued to lament about the harsh economic policies which they say is impacting their livelihoods negatively. .

They spoke to the News Agency of Nigeria (NAN) on Sunday in Abuja.

NAN reports that Nigerians have been expressing discontent over the impact of recent economic policies.

They particularly complained about the removal of fuel subsidies, which has led to a sharp rise in the cost of living, causing widespread complaints about high food prices, transportation costs, and general economic hardship.

This has made it difficult for many as they are struggling to afford basic necessities.

The most prominent complaint is the dramatic increase in prices of food items, fuel, and other essential goods, directly impacting household budgets.

The relaxation of foreign exchange restrictions has also led to a devaluation of the Naira, further impacting purchasing power.

The economic hardship is particularly affecting low-income families, civil servants and individuals who are struggling to meet basic needs.

A Pharmacist, Ibrahim Abbas, said that the cost of medicines and other medical services have affected ordinary Nigerians, forcing most to seek alternative treatment.

Abbas said that the removal of fuel subsidy and hike in electricity tariff had affected the cost of drugs badly.

“The situation is so bad that most patients can no longer afford preventive medicines for certain ailments. Everything is so expensive now,” he said.

He urged the Federal Government to revisit some of these policies in the interest of ordinary Nigerians.

A civil servant, Aisha Musa, said that federal civil servants were the worst hit by the harsh realities of the policies.

ALSO READ:  Barau distributes 69 trucks of fertiliser to Kano farmers

“The removal of fuel subsidies and devaluation of the Naira have left civil servants poorer, as our take-home pay can no longer take us home.

“Even the minimum wage which civil servants expected to give them some succour has had very little or no impact at all.

“Imagine the Federal Government approving N70,000 as minimum wage only to add N40,000 to salaries of all categories of workers, instead of the usual consequential adjustments. That is unfair,” she said.

A trader, Bashir Mustapha, said that he had to increase the price of his commodities due to the increase in transportation fare and other logistics, adding that the step had resulted in low patronage.

However, a recent report by the World Bank said that the economic policies were necessary to urgently avert a fiscal crisis and place Nigeria on a stronger development path.

The report acknowledged that the policies had imposed short-term pressures on households and businesses.

Titled “Staying the Course: Progress Amid Pressing Challenges,” it highlighted the need to sustain these policies while addressing structural issues to combat inflation and promote long-term investment, growth, and job creation.

“The positive results from these reforms are starting to show at the macroeconomic level.

“For example, output growth has remained modest overall, as oil sector output has stabilised and activity in some services has been robust.

“The fiscal position is also improving, with the Federal Government’s fiscal deficit narrowing to 4.4 per cent of Gross Domestic Product (GDP) from 6.2 per cent in the first half of 2023.

ALSO READ:  Shell allays fears on oil export over leakage at Bonny terminal

“This has helped to mitigate debt-related risks,” the report said.

The Minister of Finance and Coordinating Minister of the Economy, Wale Edun, assured Nigerians that President Bola Tinubu was addressing the high cost of living in the country.

Edun spoke at a recent sectoral debate organised by the House of Representatives for the finance sector and stakeholders on the current cost of living.

He said that the country was in a much better place economically.

According to Edun, Nigeria was on the road to economic disaster by way of subsidy on fuel

“It was expected that there would be challenges due to subsidy removal.

“Inflation has increased and the cost of living has spiked, but Mr President is committed to protecting the poorest and the vulnerable.

“As things improve, there will be further intervention on behalf of the vulnerable to assist in the cost of living.

“Let us be confident, calm, and assured that Nigeria will change in terms of economic management and that there will be intervention in every sector,” he said.

The Governor of the Central Bank of Nigeria (CBN), Yemi Cardoso, said that the bold economic reforms were beginning to yield positive results.

Speaking at the Inaugural Economic Policy Conference for Emerging Market Economies in Riyadh, Saudi Arabia recently, Cardoso expressed confidence in the country’s economic trajectory in spite the initial challenges associated with the reforms.

He said that the apex bank’s policies were stabilising the economy and strengthening the banking sector.

“These tough but necessary policy decisions are paying off,” he said.(NAN)

ALSO READ:  Seun Kuti Detained Over Assault Of Policeman
Continue Reading