A legal practitioner, Mr. Deji Enisenyin has filed a lawsuit against President Muhammadu Buhari at the Federal High Court in Abeokuta over what he called continued flagrant violation of the National Health Act, 2014, ACT NO. 8, A 139-172 by the President, the Daily Bells reports.

Joined as defendants in the suit were Attorney General of the Federation, President of the Senate and the National Assembly.

In the suit marked FHC/AB/CS/51/21, the Abeokuta-based lawyer is praying the court to declare that the president is in “serious breach” of Section 46 of the National Health Act, 2014, Act No. 8, A 139-172 by his frequent foreign medical trips.

President has spent about 183 days getting medical help in the UK.

He was again billed to leave for London for another medical check-up on Friday, but the trip was cancelled.

The presidency had said the scheduled trip was a follow-up to the president’s last visit in March.

Femi Adesina, presidential spokesperson, in a statement on Friday, said the trip has been postponed and that a new date will be announced soon.

“The medical follow-up visit of President Muhammadu Buhari to United Kingdom earlier scheduled for today, Friday, June 25, 2021, has been postponed,” he said.

The plaintiff in the originating summons asked the court to determine following questions: In light of Section 46 of the National Health Act, 2014, Act No. 8, A 139-172 which provides:

“Without prejudice to the right of any Nigerian to seek medical check-up, investigation or treatment anywhere within and outside Nigeria, no public officer of the Government of the Federation or any part thereof shall be sponsored for medical check-up, investigation or treatment abroad at public expense except in exceptional cases on the recommendation and referral by the medical board and which recommendation or referral shall be duly approved by the Minister or the Commissioner as the case may be.”

(a) Whether the 1st Defendant is not a Public Officer envisaged by the provisions of section 46 of the National Health Act, 2014, Act No. 8, A 139-172?

(b) Whether by the provisions of section 46 of the National Health Act, 2014, Act No. 8, A 139 - 172, and in the circumstances of this case, the 1st Defendant can embark on medical check-up abroad at public expense?

© Whether the 1st Defendant is not bound by the provisions of section 46 of the National Health Act, 2014, Act No. 8, A 139-172?

(d) Whether the 1st Defendant has violated the provisions of section 46 of the National Health Act, 2014, Act No. 8, A 139-172?

Upon the determination of the questions set out above in favour of the Plaintiff, the Plaintiff prays the Honourable Court for the following reliefs:

1. A DECLARATION that the 1st Defendant is a public officer envisaged by section 46 of the National Health Act, 2014, Act No. 8, A 139-172.

2. A DECLARATION that by virtue of section 46 of the National Health Act, 2014, Act No. 8, A 139-172, the 1st Defendant cannot embark on a medical trip for check-up outside of Nigeria at public expense without the recommendation of the Medical Board and approval of the Minister of Health.

SECONDED AND SUPPORTED.