Lawyer drags Buhari to court over foreign medical care

*Says trips violate National Health Act

A lawyer, Deji Enisenyin, has dragged President Muhammadu Buhari before a Federal high court sitting in Abeokuta over his penchant for foreign medical trips.

He is contending that the trip violated the provisions of the National Health Act, 2014.

Enisenyin, who filed the suit marked FHC/AB/CS/51/21 is contending that the president specifically breached the provisions of Section 46 of the said act being a public officer.

He, therefore, sought an order of court declaring that the funding of Buhari’s medical trip on March 30, 2021, without the recommendation of the Medical Board and approval of the Minister of Health “is a flagrant violation of the provisions of Section 46 of the National Health Act, 2014, Act No. 8, A 139 – 172.”

Interestingly, the legal action was instituted amid media reports that President Buhari was billed to proceed to London, United Kingdom on Friday, for a scheduled medical follow-up and was due back in the country during the second week of July 2021.

But the Presidency later announced a cancellation of the planned medical trip.

In the originating summons supported with a 26-paragraph affidavit deposed to at the Federal High Court of Nigeria, Abeokuta Judicial Division on June 15, 2021, Enisenyin is seeking a declaration that the president is a public officer envisaged by Section 46 of the National Health Act, 2014, Act No. 8, A 139 – 172.

Buhari was listed as first defendant in the suit while the Attorney-General of the Federation, Abubakar Malami (SAN); President of the Senate Ahmad Lawan, and the National Assembly were joined as second, third and fourth defendants respectively.

In his application, the plaintiff stated that Section 46 of the National Health Act, 2014 provides that, “without prejudice to the right of any Nigerian to seek medical check-up, investigation or treatment anywhere within and outside Nigeria, no public officer of the Government of the Federation or any part thereof shall be sponsored for medical check-up, investigation or treatment abroad at public expense except in exceptional cases on the recommendation and referral by the medical board and which recommendation or referral shall be duly approved by the Minister or the Commissioner as the case may be.”