ADVOCACY FOR JUSTICIABILITY OF RIGHT TO HEALTH IN NIGERIA

Under the Nigerian the Nigerian Constitution, some rights are justiciable while others are non-justiciable. Non-justiciable rights cannot be enforced in Courts notwithstanding their recognition in international human right treaties or instruments. Against this backdrop, the paper analysed relevant constitutional provisions and decided cases on health rights in order to ascertain its status under the Nigerian Constitution. The paper found that right to health is a non-justiciable, hence, its denial or violation cannot be judicially redressed. The paper also established that, notwithstanding ratified international treaties that affirm Nigeria’s commitment to recognising and upholding the right to health, because of the supremacy of the Constitution, it cannot be enforced in Courts as international treaties do not trump Nigeria’s Constitution. It was recommended among other things that Nigeria’s Constitution should be amended to guarantee health as a justiciable right without which other rights, especially those that relate to life and well being, will remain illusory.