Yet, Nigerian law tells a different story.
For more than ten years, a federal statute has guaranteed every person in Nigeria the right to free emergency medical treatment and access to basic healthcare services. The law exists not as a policy guideline but as a binding legal framework designed to protect life, especially in moments when delay can be fatal.
That law is the National Health Act (NHA), 2014.
Despite its significance, it remains largely unknown to the very people it was created to protect.
READ ALSO: Health Minister Pate Highlights Gains of Ongoing Reforms
The National Health Act was introduced to address long-standing problems in Nigeria’s healthcare system, including inconsistent standards, poor access to care and preventable deaths. Its central principle is simple: no Nigerian should die because they could not pay for care during an emergency.
Under Sections 20, 27 and 29, the Act imposes a clear duty on all healthcare providers. In any emergency situation, treatment must be given immediately, regardless of the patient’s financial status.
The law uses mandatory language: “A healthcare provider shall not refuse a person emergency medical treatment for any reason whatsoever.”
This clause removes discretion from hospitals. It does not allow delays for deposits, paperwork or approvals. Life-saving care must come first.
WHAT COUNTS AS AN EMERGENCY UNDER THE LAW
An emergency is defined not by paperwork or hospital policy, but by medical urgency. It includes any condition that threatens life, limb or long-term health if not treated promptly.
These include:
- Road traffic and workplace accidents
- Severe bleeding or trauma
- Labour and pregnancy-related complications
- Gunshot and stab wounds
- Stroke, heart attacks and respiratory distress
- Critical illness in children
In such cases, hospitals are required to stabilise the patient before any discussion of cost or transfer.
Importantly, this duty applies to every healthcare facility in Nigeria, including:
- Government and teaching hospitals
- Private and specialist hospitals
- Faith-based and mission hospitals
- Clinics and primary health centres
Ownership or profit status does not exempt a facility from compliance.
BASIC HEALTHCARE AS A LEGAL ENTITLEMENT
The National Health Act goes beyond emergencies. It also recognises that many deaths occur because basic care is either unavailable or unaffordable.
To address this, the Act guarantees access to a Basic Minimum Package of Health Services, particularly through primary healthcare centres.
These services include:
- Routine immunisation
- Antenatal care and childbirth services
- Family planning
- Treatment of common illnesses
- Healthcare for children under five
- Emergency stabilisation at PHCs
These services are meant to serve as the foundation of the healthcare system, preventing conditions from escalating into emergencies.
They are not optional benefits. They are legal entitlements.
Amid discussions on healthcare access in Nigeria, real-life experiences reveal that the National Health Insurance Scheme (NHIS) can significantly reduce medical costs, even for major procedures. As one social media user recounted years ago:
“Paying only 10% of medical bills is something I’m eternally grateful for. Even major surgeries were covered, e.g., paying 200,000 naira for a 2 million naira surgery. This is one system that works in Nigeria. Plus, you don’t have to be a government employee to be a beneficiary.” — Zulaykha (@omotolaniee), September 29, 2023
Another user noted, “The NHIS works in Naija. People are steadily paying 10 per cent of their medical bills, especially for childbirth, and I think that makes sense. Many people aren’t even aware. There should be more sensitisation.”
These personal accounts underscore a key point of the healthcare report: while NHIS offers substantial financial relief for Nigerians, awareness of its benefits remains low, highlighting the urgent need for better public sensitisation campaigns.
HOW THE LAW IS MEANT TO BE FUNDED
One of the most critical aspects of the National Health Act is its financing structure. Recognising that rights without funding are meaningless, the law created the Basic Health Care Provision Fund (BHCPF).
The Act mandates that at least one per cent of Nigeria’s Consolidated Revenue Fund be allocated annually to this fund.
The BHCPF is designed to:
- Equip and staff primary health centres
- Supply essential medicines
- Support maternal and child healthcare
- Expand health insurance for vulnerable populations
- Strengthen emergency medical services
The fund is intended to reach all 774 local government areas, ensuring that basic healthcare is accessible at the community level.
WHY THE PROMISE OF THE LAW HAS NOT BEEN FULLY REALISED
Despite this legal and financial framework, many Nigerians still experience denial of care. Several structural challenges explain this gap between law and reality.
First is low public awareness. When citizens do not know their rights, they cannot assert them.
Second is weak enforcement. Oversight mechanisms rarely penalise facilities that violate emergency care provisions.
Third is poor accountability in funding and implementation, particularly at the primary healthcare level, where services are supposed to be free or heavily subsidised.
Finally, health workers often operate within systems strained by inadequate staffing, infrastructure gaps and unclear operational guidelines, making compliance inconsistent.
READ ALSO: FG Revamps 2,000 PHCs, Boosts Access to Essential Healthcare Nationwide
While awareness alone cannot fix systemic failures, it is a necessary starting point. When citizens understand what the law guarantees, they are better positioned to ask questions, seek explanations and demand accountability.
The National Health Act reflects a recognition by the Nigerian state that healthcare is not a luxury but a public responsibility.
The challenge lies not in the absence of law, but in bridging the distance between policy and practice.
Until that gap is closed, the right to healthcare will remain real on paper and uncertain in everyday life.
- Emergency medical treatment is a legal right in Nigeria
- Hospitals must stabilise patients before discussing payment
- Basic healthcare services are guaranteed by law
- Funding for these services is mandated annually
Understanding these rights does not replace enforcement, but it strengthens the foundation for accountability.
Esther Ososanya is an investigative journalist with Pinnacle Daily, reporting across health, business, environment, metro, Fct and crime. Known for her bold, empathetic storytelling, she uncovers hidden truths, challenges broken systems, and gives voice to overlooked Nigerians. Her work drives national conversations and demands accountability one powerful story at a time.
