The President of the Federal Republic of Nigeria, Muhammadu Buhari has told a Federal High Court sitting in Abuja that he is not required to obtain the recommendation or referral of a medical board before he could proceed on foreign medical treatment, not being a Public Officer of the Government of the Federation to which the provision of section 46 of the National Health Act 2014 applies.
In a counter Affidavit filed on his behalf by the Federal Ministry of Justice, Abuja in opposition to the suit filed an Abuja based lawyer, Vincent Adodo, Buhari said that he is not a public officer of the Government of the Federation and therefore not bound to comply with section 46 of the National Health Act which provides that:
“Without prejudice to the right of any Nigerian to seek medical check-up, investigation or treatment anywhere outside Nigeria, no public officer of the Government of the Federation or any part thereof shall be sponsored for 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.”
In the Counter Affidavit dated 25th January 2023, deposed to by one Ballah Alli, a litigation officer in the Department of Civil Litigation and Public law, the deponent had stated that “…the 1st Defendant is not within the class of persons that require recommendation or referral by a medical board before embarking on foreign trip.”
In a separate paragraph, the President’s counsel said “On the second issue raised by the Plaintiff” the about the 1st Defendant not obtaining recommendation and referral from the medical board and which referral and recommendation must be approved by the Minister of Health before embarking on the medical trips abroad pursuant to Section 46 of the National Health Act. The 1st, 2nd and 7th defendants submit that the provisions of Section 46 of the National Health Act relied on by the Plaintiff does not apply to the President of the Federal Republic of Nigeria as he is not a public officer pursuant to Section 318 of the 1999 Constitution for the National Health Act to apply to him. Section 46 of the National Health Act states 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 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.”
Counsel submitted that “It is settled rule of interpretation that where words of a statute are clear and unambiguous that the court should give apply its ordinary meaning. We commend your lordship to the case of DARA & ANOR V. ALAGBOSO & ORS (2015) LPELR- 25672 (CA). We submit that the provisions of Section 46 of the National Health Act are clear that it is only a public officer of the government of the federation that the provision applies to. We urge your lordship to apply the ordinary meaning to the said provision and uphold our argument that the provisions of Section 46 of the National Health Act is only applicable to Public Officer and the President of the Federal Republic of Nigeria is not a Public Officer.
“We find support in the case of FRN v. SANT & ORS (2022) LPELR- 57241(CA) Per FREDERICK OZIAKPONO OHO, JCA (PP 45-52 Paras E-A on the who is a public officer held that:
Finally, on this issue, see the case of OJUKWU vs. YARADUA (Supra) where the Apex Court per F. F. TABAI, JSC emphatically stated thus:- “In Section 318 of the Constitution: “civil service of the Federation is defined to mean service of the Federation in a civil capacity as staff of the office of the President, the Vice President, a ministry or the department of the Government of the Federation, while assigned with the responsibility of any business of the Government of the Federation And the civil service of the State is defined to mean service of the Government of a State in a civil capacity as staff of the Office of the Governor, Deputy Governor or a ministry or department of the ministry.”
The suit which is pending before Hon. Justice J.K. Omotosho is slated for hearing on Friday, the 3rd February, 2023.
