EXAMINATION OF LEGAL BARRIERS TO AFFORDABLE HEALTH CARE SERVICE IN NIGERIA

Student: Tamunobarasin Violet Toku Obianime
Supervisor: Prof Sunday Kenechukwu Dindi
HOD: Prof Nurean Dindi
Department of Law
Law
Baze University, Abuja, Fct

Abstract

legal barriers that hindered access to available and affordable healthcare services in Nigeria. It investigated the constitutional, statutory, and institutional frameworks governing healthcare delivery, with particular focus on the Constitution of the Federal Republic of Nigeria 1999 (as amended), the National Health Act 2014, and the National Health Insurance Authority Act 2022. The research analysed how weak legal enforceability, fragmented institutional mandates, inadequate health financing, corruption, and socio-cultural disparities collectively constrained equitable access to healthcare. It also assessed Nigeria’s obligations under international and regional human rights instruments such as the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the African Charter on Human and Peoples’ Rights. The study adopted a doctrinal research methodology, relying on primary sources—including statutes, constitutional provisions, and international instruments—and secondary sources such as academic journals, textbooks, policy documents, and institutional reports. This methodological approach enabled a qualitative evaluation of the legal principles, policy frameworks, and institutional practices shaping healthcare access in Nigeria. Findings revealed that although Nigeria possessed several legal and institutional mechanisms designed to enhance healthcare delivery, significant barriers persisted due to the non-justiciability of socio-economic rights, weak enforcement of existing health laws, inequitable financing systems, fragmented institutional coordination, and persistent governance deficiencies. The study further identified prospects for improving healthcare access through constitutional reform, stronger enforcement of health legislation, expansion of insurance coverage, technological innovation, and enhanced community engagement. It concluded that meaningful progress in achieving equitable healthcare access depended on comprehensive legal reforms, institutional strengthening, improved financing mechanisms, and the effective domestication of international health obligations. The research contributed to existing scholarship by offering a detailed legal analysis of healthcare barriers in Nigeria and proposing actionable reforms capable of advancing universal health coverage and the realization of the right to health. xii

Full-Text Access Notice

In accordance with the NERD Policy on promoting peer-reviewed publication, public access to the full text of a project, thesis or dissertation is restricted for three years, allowing the author and supervisors sufficient time to pursue peer-reviewed publication. During this period, researchers with legitimate academic or research purposes may request authorisation directly from the author to enable NERD to release the indexed full texts of the work using the form below.

Request authorisation from the author