Realization of Health Right in Nigeria: A Case for Judicial Activism

Abstract

Nigeria adopts the dualist approach to international human right laws and it remains one of the countries with the highest medical-related death rates in the world The nonenforceability of member state s minimum core obligation and the non-justiciability of ECSRs in Nigeria remains seemingly a major impediment to the realization of health right in Nigeria thus Nigeria ranks 158 out of 177 countries on the Human Development Index Eleanor D Kinney suggested approaches that can advance recognition and implementation of human right to health in the US however Kinney wittingly excluded justiciability approach to the implementation and realization of right to health given that once a legislation is enacted and full recognition is given to this class of right policies and programs will be established and adequate funding will become essential The present position in Nigeria is different There are laws international and regional treaties already domesticated These laws are focused on the realization of health rights in Nigeria The paper therefore contends that given the judicial activism evidences from India South Africa and its effects on the implementation and accessibility of health care right in these countries the setbacks in realizing health right in Nigeria is a challenge to the Nigerian Judiciary The paper suggests that the judicial activism experienced in India and South Africa offers an instrument for realizing health right also in Nigeria while accountability on budget allocation and the appropriate interpretation of the existing corpus for realization of health right is a required tool which would guarantee realizing the right to health in Nigeria and not justiciability of health right per se