Nigerian Government Faces Lawsuit Over Health Data Sharing Agreement with US

A legal practitioner, Bernard Okpi, has initiated a lawsuit at the Federal High Court in Abuja, contesting a health cooperation accord between Nigeria and the United States. The case addresses issues relating to data privacy, constitutional infringements, and the lack of transparency involving the agreement.

Designated FHC/ABJ/15/549/2026 and dated 16 March 2026, Mr. Okpi requests the court to ascertain whether the Bilateral Health Cooperation Memorandum of Understanding (MoU), which was signed on 19 December 2025, infringes upon the rights of Nigerian citizens.

The defendants in this legal matter 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.

At the heart of the lawsuit is the provision within the MoU that allegedly permits the collection and transfer of sensitive health data of Nigerians to the government of the United States.

The court documents specify that the data in question might encompass medical records, blood samples, pathogen tests, and genetic sequencing data.

Mr. Okpi asserts that a related but undisclosed "Specimen Sharing Agreement" compels Nigeria to supply such information within five days upon request and could remain binding for up to 25 years.

He argues that this agreement constitutes a violation of the National Health Act 2014, which safeguards patient confidentiality, as well as the Nigeria Data Protection Act 2023 concerning the management and transfer of personal data. Additionally, he claims that the arrangement breaches Section 37 of the Constitution, which guarantees citizens the right to privacy.

The lawsuit also highlights concerns regarding the apparent focus on faith- based health facilities linked to Christianity within the agreement. Mr. Okpi posits that associating healthcare programs with religious affiliations in Nigeria's diverse religious landscape could incite social discord and might conflict with constitutional mandates on non-discrimination and religious freedom.

Moreover, he questions the involvement of the National Assembly, suggesting that agreements with considerable national implications necessitate legislative review and approval.

Among other requests, the plaintiff seeks a court ruling declaring the MoU unconstitutional and an injunction to halt its anticipated implementation, which is set for 1 April 2026. He also requests that the full text of the agreement be made public.

The dispute surrounding the MoU has intensified due to the lack of disclosure of its complete terms. In February, PREMIUM TIMES submitted Freedom of Information (FOI) requests to both the Federal Ministry of Health and Social Welfare and the US Embassy for details regarding the agreement.

While the ministry has not yet responded, the US Embassy in Abuja, through spokesperson Nicole Holler, stated that the MoU is not available to the public. The embassy indicated that the agreement is anticipated to bring in approximately $2.1 billion in funding over five years, pending annual approval by the US Congress, with Nigeria expected to contribute over $3 billion in counterpart funding.

Addressing concerns of potential religious bias, the embassy noted that the jointly negotiated MoU designates funding for Nigeria’s 900 faith-based clinics and hospitals, which serve more than 30% of the population. It added that the majority of these facilities are Christian, but they cater to all Nigerians. Investments in these institutions are positioned to enhance the capacities of publicly managed facilities and fortify Nigeria’s overall health infrastructure.

The embassy clarified that US government resources would be directed towards organizations capable of providing services to a significant proportion of clients. In Nigeria's instance, faith-based clinics account for around 10% of healthcare providers but currently serve over 30% of the population.

Background: In December 2025, Nigeria and the United States signed the MoU as part of a collaborative effort to bolster health security, enhance primary healthcare, and improve disease surveillance. However, varying public interpretations of the agreement from Nigerian authorities and the US government have raised skepticism.

Nigeria has framed the MoU as a technical and inclusive framework; conversely, the US emphasizes its focus on faith-based healthcare providers while earmarking about $200 million for these institutions.

In January, the African Democratic Congress (ADC) urged the federal government to clarify the agreement's terms, citing transparency, sovereignty, and potential constitutional issues as major concerns. The party highlighted that the discrepancies between both governments' descriptions raised fundamental questions about the agreement's actual content and warned against any arrangement that may appear sectional or detrimental to national unity.

The ADC also pointed out provisions that enable the US to suspend or terminate programs linked to the MoU based on its national interests, which could conflict with Nigeria’s sovereignty.

A separate review by Nigeria Health Watch raised similar concerns regarding transparency around the agreement, asserting that the absence of the full text impairs the ability to evaluate the MoU's implications thoroughly, especially concerning data sharing and national sovereignty. The Managing Director, Vivianne Ihekweazu, voiced particular worries about clauses on health data sharing, suggesting that the negotiations indicate issues regarding data ownership, privacy, and national autonomy, especially in light of other African nations engaging in similar contentious agreements.