Human rights lawyer, Femi Falana (SAN), has said that every Nigerian is now legally entitled to compulsory health insurance following the enactment of the National Health Insurance Authority (NHIA) Act of 2022.
In a statement issued on Friday, Falana explained that the new Act replaces the National Health Insurance Scheme (NHIS) Act of 2004, which he described as ineffective in achieving broad population coverage or integrating the country’s fragmented health insurance systems.
Falana said the NHIA Act introduces a legal framework for universal health coverage, mandating a Basic Minimum Package of Care for all Nigerians and establishing a Vulnerable Group Fund to subsidise care for the poor, elderly, children under five, and persons living with disabilities.
“The primary aim of the NHIA Act is to ensure that every Nigerian and legal resident has access to affordable, quality, and comprehensive health care services through mandatory health insurance,” he said.
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According to the senior advocate, state governments are required to set up their own health insurance schemes or engage third-party administrators pending such establishment. He added that the NHIA now has the authority to regulate and supervise all health insurance schemes — public or private — operating in Nigeria.
Falana noted that President Bola Tinubu, on September 3, 2025, directed all Ministries, Departments, and Agencies (MDAs) to enrol their employees into the NHIA scheme as part of efforts to enforce the law.
“To ensure compliance across all MDAs, the directive mandates all entities participating in public procurement to present a valid NHIA-issued Health Insurance Certificate,” Falana stated.
The directive also empowers the Secretary to the Government of the Federation to monitor and enforce compliance across federal institutions.
The lawyer cited Section 25 of the NHIA Act, which mandates government funding for vulnerable groups, and Section 31, which requires other employees to contribute on a mandatory basis.
He lamented the poor coverage rate, citing data from the Health Care Providers Association of Nigeria that suggests over 90% of Nigerians remain uncovered by any form of health insurance.
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Falana linked this low coverage to widespread poverty and called on the federal, state, and local governments to adequately fund the insurance of indigent citizens.
Quoting Section 17(3)(d) of the 1999 Constitution and Article 16 of the African Charter on Human and Peoples’ Rights, Falana said it is a constitutional and international obligation for the government to ensure adequate medical and health facilities for all persons.
President Tinubu’s September directive, which also makes NHIA enrolment a condition for procurement, licensing, and approvals by government agencies, has been welcomed as a step forward in strengthening Nigeria’s health system.
The NHIA is also developing a digital verification platform to authenticate health insurance certificates and prevent forgery.
