A legal practitioner, Bernard Okpi, has filed a suit at the Federal High Court in Abuja challenging a health cooperation agreement between Nigeria and the United States, citing concerns over data privacy, constitutional compliance and transparency.
The suit, marked FHC/ABJ/15/549/2026 and dated 16 March 2026, seeks the court’s interpretation of whether a Bilateral Health Cooperation Memorandum of Understanding (MoU) signed on 19 December 2025 violates the rights of Nigerian citizens.
Those named as defendants include the President, the Attorney-General of the Federation, the Federal Ministry of Health and Social Welfare, the Senate President and the Speaker of the House of Representatives.
The plaintiff also referred to a related but undisclosed “Specimen Sharing Agreement,” which he claims obliges Nigeria to provide requested data within five days and could remain in force for up to 25 years. He argues that such provisions breach the National Health Act 2014, which guarantees patient confidentiality, as well as the Nigeria Data Protection Act 2023 governing the processing and transfer of personal data. The suit further contends that the arrangement violates Section 37 of the Constitution, which protects the privacy of citizens.
Beyond data protection concerns, the suit raises questions about provisions that reportedly prioritise Christian faith-based healthcare facilities. The plaintiff argues that linking healthcare programmes to religious institutions in a multi-faith country could create social tension and may contravene constitutional protections on non-discrimination and freedom of religion.
He also questioned the role of the National Assembly, maintaining that agreements with significant national implications should be subjected to legislative scrutiny and approval.
Among the reliefs sought, Mr Okpi is asking the court to declare the MoU unconstitutional, suspend its planned implementation scheduled for 1 April 2026 and compel the government to publish the full text of the agreement.
The controversy surrounding the MoU has been heightened by the non-disclosure of its contents. In response to enquiries, the United States Embassy Abuja stated that the agreement is not publicly available. However, it disclosed that the arrangement could provide about $2.1 billion in funding over five years, subject to annual approval by the US Congress, with Nigeria expected to provide more than $3 billion in counterpart funding.
The embassy also said the agreement includes support for about 900 faith-based clinics and hospitals, which it noted serve more than 30 percent of Nigeria’s population, adding that such investments are intended to complement public healthcare services.
Nigeria and the United States signed the MoU in December 2025 as part of efforts to strengthen health security, expand primary healthcare and improve disease surveillance. However, differing descriptions of the agreement by both governments have drawn scrutiny.
The African Democratic Congress has called for clarification of the terms, citing concerns over transparency, sovereignty and possible constitutional breaches. The party also raised questions about provisions that could allow the United States to suspend programmes under the agreement based on its national interests.
Public health advocacy group Nigeria Health Watch has similarly expressed concern about the lack of transparency. Its Managing Director, Vivianne Ihekweazu, said the absence of the full document makes it difficult to assess its implications, particularly regarding data ownership, privacy and national control.
She noted that similar arrangements in other African countries have generated debate, especially where agreements involve long-term sharing of pathogen samples or access to national health databases, adding that the full implications of the Nigeria–US agreement cannot be determined until the document is made public.
