President Bola Tinubu has been dragged before the Federal High Court, Abuja, over the legality of a bilateral health agreement between Nigeria and the United States of America (USA).
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The plaintiff, a lawyer, Okpi Bernard Adaafu, claimed that the agreement signed on December 19, 2025, permits the collection and transfer of sensitive health information of Nigerians, including medical records, blood samples, pathogen testing and DNA/genetic sequencing to the US.
He 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 sought an order suspending the implementation of the said agreement, 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 (SAN), the Ministry of Health and Social Welfare, the Senate President, Senator Godswill Akpabio and the Speaker of the House of Representatives, Rt. Hon. Tajudeen Abbas as the 1st to 5th 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 US within five days of a request and could remain in force for up to 25 years.
He told the court that the agreement breached section 37 of the Nigerian Constitution, which guarantees the privacy of citizens and raised concern about statements suggesting that the programme would provide substantial support to Christian faith-based health care institutions.
On this, Adaafu 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, therefore, sought an order of the court, directing President Tinubu, 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).
Adaafu also prayed for an order directing the 1st to 3rd defendants to release the agreement to Nigerians and publish its full text.
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