Kleptocracy and Its Many Faces: The Challenges of Justiciability of the Right to Health Care in Nigeria

Abstract

This article analyses the difficulties surrounding justiciability of the right to health care in Nigeria and the implications for access issues. It argues that claims denying justiciability on the grounds of the absence of a legal foundation and / or paucity of resources are misplaced. This reasoning derives from an interrogation of the rationale for and the consequences of the designation of what ought to be the right to health care as a Directive Principle, kleptocracy as an impediment to actualizing the right to health care, and the impact of the domestication of the African Charter on Human and Peoples' Rights. Projecting into the future, the article analyses the challenges that would confront courts in Nigeria grappling with the normative content of the right to health care, arguing that the difficulties are not insurmountable and that, given the seemingly intractable nature of the issues, the courts should adopt a proactive interpretive approach.