President Bola Ahmed Tinubu has been taken before the Federal High Court in Abuja over the legality of a bilateral health agreement between Nigeria and the United States.
The suit was filed by a lawyer, Okpi Bernard Adaafu, who is challenging the provisions of the agreement signed on December 19, 2025.
Adaafu argued that the agreement permits the collection and transfer of sensitive health data of Nigerians to the United States, including medical records, blood samples, pathogen testing, and DNA sequencing.
He contended that such provisions violate both the National Health Act 2014 and the Nigeria Data Protection Act 2023, which safeguard patient confidentiality and regulate cross-border data transfer.
In the suit marked FHC/ABJ/CS/549/2026, the plaintiff is seeking an order to suspend the implementation of the agreement, which is scheduled to commence on April 1, 2026.
Those listed as defendants include President Tinubu; the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi; the Federal Ministry of Health and Social Welfare; Senate President, Godswill Akpabio; and Speaker of the House of Representatives, Tajudeen Abbas.
Adaafu further argued that the agreement contravenes Section 37 of the Nigerian Constitution, which guarantees the right to privacy.
He raised concerns over reports that a related specimen-sharing clause could compel Nigeria to provide biological samples and data within five days of request, with the agreement lasting up to 25 years.
The plaintiff also questioned the reported involvement of Christian faith-based health institutions in the programme.
According to him, introducing religious considerations into a national health framework could be “constitutionally questionable” and risk creating tension in Nigeria’s multi-faith society.
Another major issue raised in the suit is the alleged exclusion of the National Assembly from the agreement process.
Adaafu maintained that international agreements with far-reaching national implications must be subjected to legislative scrutiny and approval before implementation.
The plaintiff is asking the court to direct the Federal Government to renegotiate the agreement and submit it to the National Assembly for approval.
He also prayed for an order compelling the government to release and publish the full text of the agreement for public scrutiny.
The suit emphasises the need to protect Nigeria’s sovereignty and uphold constitutional provisions, insisting that citizens have the right to know the details of agreements that affect their personal data and national interest.
