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.
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