RIGHT TO HEALTH: X-RAYING THE CHALLENGES OF RIGHT TOACCESS MEDICINES IN NIGERIA

Abstract

The health of every citizen in any nation is very important, because human resources, being
pillars driving forth development, can only be achieved where the people are healthy and able.
This informed the reason for the inclusion of the right to health in the Nigerian Constitution,
albeit not justiciable. Access to medicine became so paramount to achieving the ultimate right
to health. The situation is not worrisome in the industrialized nations, but the reverse is the
case in the least developed countries, especially the African nations and particularly in Nigeria. These least developed nations wished they have easy or unhindered access to medicines and other healthcare facilities but for some factors militating against such efforts. It is in this light that this paper ex-rayed the various challenges posing as impediments to the realization of access to medicines in Nigeria. These challenges could be seen in areas of Patent in itself as a barrier to the essential medicines, Prices, weak national policy on drugs, corruption and counterfeit drugs found in the competitive markets. Other impediments or challenges are the none proper implementation of the provisions of the Trade Related Aspect of Intellectual Property Rights (TRIPs), insecurity, sociocultural practices, infrastructural
challenges and High dependence on importation and the lack of capacity to manufacture drugs locally. The paper recommended, among others, the immediate repeal of the legal framework on Intellectual property right to Patent, which is the Patent Act and Designs Act in Nigeria to
capture TRIPs flexibilities that will allow for achieving public health. It also recommended industrialization of the nation towards self-production of essential drugs and the provision of infrastructure that will accommodate IT driven medical practice.