‘RIGHT TO HEALTH’ AND UNIVERSAL HEALTH COVERAGE IN NIGERIA’S NATIONAL HEALTH INSURANCE AUTHORITY ACT 2022: THE CHALLENGE OF IMPLEMENTATION

Abstract

The third Sustainable Development Goal (SDG 3) focuses on the provision of ‘Good Health and Well-being’, imposing an obligation on states to provide healthcare to citizens. From the first internationalised human right instrument: Universal Declaration of Human Rights (UDHR) 1948, ‘right to life’ has been seen as fundamental in any democracy. That right remains a mere declaration unless the proper accoutrements for its enjoyment are accessible. Global exertion has, as such, progressively refines the prerequisites for right life. The World Health Assembly has, in that vein, focused attention on making health a human right in itself, even though it is acknowledged to be expensive. To get around affordability and accessibility of health rights, the concept of ‘Universal Health Coverage’ (UHC) was formulated through the years. Nigeria’s journey towards achieving UHC, espoused since 1962, found expression in 2005/6, in the establishment of the National Health Insurance Scheme (NHIS, 2005), and in the formulation of the National Health Promotion Policy (NHPP, 2006). Also resulting from the efforts, the National Health Act, 2014 and several other regulations have been put in place, leading up to the recent National Health Insurance Authority Act (NHIAA, 2022). This paper, through a doctrinal approach and a focus on human rights theory traced the trajectory of Nigeria’s strides. Nigeria laws, though up-to-date, were found wanting due to corruption, lack of political will and unequal implementation. These factors limit the achievement of UHC in Nigeria. In view of the foregoing, the paper made recommendations which include maintaining a strict rule of law regime; as well as enabling citizens’ participation in implementation of laws and policies, among others. Mass education of the citizens on their rights; pro bono public interest litigation and other mass actions, were also recommended to bridge the gap on behalf of the indigent population.