The Court of Appeal in Lagos has dismissed a suit filed by Senior Advocate of Nigeria (SAN) Femi Falana, seeking to prohibit public officials from receiving medical treatment overseas.

A three-member panel of the appellate court unanimously ruled on January 30 that banning Nigerians—whether public officials or not—from seeking medical care abroad would violate their fundamental rights.

Delivering the lead judgment, Justice Polycarp Terna Kwahar described Falana’s request as “draconian,” emphasizing that fundamental rights, as guaranteed by the Nigerian Constitution and the African Charter on Human and Peoples’ Rights, do not permit restrictions on individuals seeking medical care abroad.

Falana had initially taken the matter to the Federal High Court, arguing that the government’s failure to equip public hospitals violated Nigerians’ right to adequate healthcare. He sought an order compelling authorities to upgrade public medical facilities and bar public officials from seeking treatment abroad at public expense. However, the trial court dismissed the case, citing Section 6(6)(C) of the 1999 Constitution, which classifies the provision of adequate healthcare as non-justiciable.

Dissatisfied, Falana appealed the ruling in 2021, but the appellate court upheld the lower court’s decision. The judgment also rejected his reliance on Indian court precedents, asserting that Nigerian courts are not bound by foreign legal decisions.

Reacting to the verdict, Falana criticized the ruling, arguing that it reinforces inequality by allowing privileged public officials to access quality healthcare overseas while millions of ordinary Nigerians are left with underfunded hospitals. He vowed to take the matter to the Supreme Court, insisting that the right to life includes access to proper healthcare for all citizens.