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From Godwin Tsa, Abuja
A Nigerian lawyer, Okpi Bernard Adaafu, has filed a suit at the Abuja division of the Federal High Court to challenge the legality of a controversial bilateral health agreement between Nigeria and the United State of America (USA).
The said agreement signed on December 19, 2025, permits the collection and transfer of sensitive health information of Nigerians, including medical records, blood samples, pathogens testing and DNA/genetic sequencing to the United States of America.
The plaintiff argued that such an agreement, if implemented, would violate the National Health Act 2014, which guarantees the confidentiality of the patients’ medical records, as well as the Nigeria Data Protection Act 2023, which regulates the processing and cross-border transfer of personal data.
In an originating summons marked: FHC/ABJ/CS/549/2026, the lawyer is therefore seeking an order of court suspending the implementation of the said agreement which was signed on December 19, 2025 and scheduled to commence on April 1, 2026.
The plaintiff listed President Bola Tinubu, the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi; the Ministry of Health and Social Welfare; the Senate President, Senator Godswill Akpabio and the Speaker of the House of Representatives, Tajudeen Abbas, as first to fifth defendants.
It is his contention that while only a summarised version of the agreement has been made public, a related specimen sharing agreement reportedly obliges Nigeria to provide biological samples and related data to the United States of America within five days of request and could remain in force for up to 25 years.
He further told the court that the agreement breached section 37 of the constitution, which guarantees the privacy of citizens and raises concern about statements suggesting that the programme would provide substantial support to Christian faith-based health care institutions.
On this, he argued that the inclusion or perceived emphasis on religious affiliation within a national framework is unnecessary, constitutionally questionable and capable of triggering avoidable social tension in a multi-faith society such as Nigeria.
Another key issue raised in the suit is the exclusion of the National Assembly from the process, while maintaining that international agreements with significant national implications must be subjected to legislative scrutiny and approval before implementation.
The plaintiff is, therefore, seeking an order of court, directing President Tinubu, the Attorney General the Federation and Minister of Justice (AGF) and the Federal Ministry of Health and Social Welfare, to renegotiate the agreement and submit it or any other health related agreement with sweeping impact on existing laws and citizens’ rights to the National Assembly for deliberation, input and approval before executing the final agreement to protect the sovereignty of Nigeria and supremacy of the constitution of Federal Republic of Nigeria (as amended) and an order directing the first to third defendants to release to Nigerians and publish the full text of the said agreement.
