Abstract
The National Health Act, 2014 is the first national legal framework that specifically deals with the right to health in Nigeria and other ancillary issues. Notwithstanding the provisions of the Act recognising and guaranteeing right to health in Nigeria, it is riddled with lacuna and deficiencies therein that constitute legal issues on right to health in the country. For instance, Section 20 (1) of the National Health Act, 2014 provides that a health care provider, health worker or health establishment shall not refuse a person emergency medical treatment for any reason. Regrettably, notwithstanding this provision of the Act, victims of accident or persons that have gunshots injuries and who need urgent medical attentions are being refused emergency medical treatment and rejected when taken to the hospitals on the ground that they are unable to provide the Police Report/Clearance. This paper submits that this practice is a flagrant violation of the provision of the National Health Act, 2014 which provides that no person should be refused emergency medical treatment for any reason. The paper submits further there is nothing in the National Health Act or any other law whatsoever in Nigeria that provides that a Police Report/Clearance must be produced before a victim of accidents or gunshots could be treated by the health care providers.
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