THE ROLE OF LAW AND NON-STATE ACTORS IN ENSURING ACCESS TO HEALTHCARE AND PROMOTING THE RIGHT TO LIFE IN NIGERIA

Abstract

Nigeria currently operating a democratic system of governance, is without doubt observing rule of law.
Right to life in Nigeria is considered sacrosanct and inalienable, needing adequate and constant
promotion and protection. The right to life, as guaranteed under section 33 of the Constitution of the
Federal Republic of Nigeria, 1999, as amended, and reinforced by the regional and international human
rights frameworks, inherently encompasses issues concerning access to adequate healthcare services.
The challenge, however, to the effective realization of access to healthcare is deeply rooted in the
systemic weaknesses currently being experienced in the Nigerian health sector, catalyzed by the general
law inadequacies and continuous over-dependence on the operations of the non-state actors. In
analyzing the role of law and non-state actors in ensuring access to healthcare and promoting the right
to life in Nigeria, doctrinal methodology and qualitative research methodology were adopted, to buttress
how constitutional provisions, statutory provisions, and judicial pronouncements have make or marred
the realization of access to healthcare as an essential component of right to life in Nigeria. The research
further evaluated the responsibilities and accountability of the non-state actors, which encompass
private healthcare providers, Non-Governmental Organizations, and international donors, within
Nigeria’s multi-healthcare clime. By analyzing the intersection of law, policy, and health administration
in Nigeria, this research identified legal and institutional gaps that undermine equitable access to
healthcare. The research proffered certain recommendations geared towards strengthening the capacity
of the state to improve on the adequacy of the legal framework and step up regulatory oversight on the
operations of the non-state actors and promoting human right-based approach to healthcare matters in
Nigeria, with the ultimate view to further improving and promoting right to life in Nigeria.