Centre for Social Justice (CSJ) notes with caution the eventual launch and rollout of the implementation of the Basic Health Care Provision Fund (BHCPF or the Fund). This is a vote provided in the 2018 Federal Budget and the financial year ended on December 31, 2018. However, the budget has been implemented for six months and the BHCPF is just being rolled out in the seventh month of budget implementation. Better late than never!
We recall that since 2014, the provisions of the National Health Act (NHA) for the allocation of a minimum of 1% Consolidated Revenue Fund for the implementation of the BHCPF has been obeyed in the breach, and this has facilitated poor health outcomes especially, in maternal and child health. We further recall that since the approval of the 2018 budget in June 2018, no amount has been released for the implementation of BHCPF until this moment. From the President’s speech, the kick-off of the BHCPF will commence in phases with only six states including the FCT benefitting in the first phase, thereby excluding 30 other states from the Fund. This is not in consonance with the spirit and letters of the NHA which expects a massive roll out across the Federation.
The NHA and the BHCPF Guidelines may have listed conditions to be fulfilled by states to benefit from the Fund but it did not in any way anticipate that Nigerian citizens shall be excluded from enjoying the service package to be provided from the Fund. There is no evidence to show that 30 states could not fulfill the conditions listed in the NHA or the Guidelines. However, available evidence is pointing in the direction of donors and development partners taking the lead and the Federal Government of Nigeria (FGN) merely following in these six benefiting states. While we commend development partners for their initiative and charity, we state without equivocation that FGN’s action through piloting is not in consonance with the spirit and letters of the NHA.
It is therefore expected that the FGN should invite all states to participate and roll out the available funds across the entire Federation on the basis of equity and non-discrimination. Where states fail to take advantage of the Fund and meets the demands of the Guidelines, the list of such states should be published and made known to Nigerians.
The current piloting approach is discriminatory on the basis of the prohibited constitutional grounds. Piloting has subjected citizens of Nigeria in the remaining 30 states expressly and in the practical application of the BHCPF to restrictions and disabilities to which citizens of Nigeria in the six states and FCT are not made subject to (vide section 42 of the Constitution of the Federal Republic of Nigeria 1999 as amended). Piloting, which is not based on the inability of states to meet the conditions listed in the NHA or Guidelines is therefore unconstitutional, null and void and incredibly violates FGN’s obligation to respect the right to health.
In the light of the above, we demand that FGN through the Ministries of Budget and National Planning, Finance and Health to immediately:
• Scrap the piloting project and start the massive roll out of the BHCPF across the Federation.
• Ensure the full release and utilisation of the amount of N55.1bn as appropriated in the 2018 budget.
• Publish names of states that are defaulting in meeting the conditions for accessing the Fund.
• Ensure value for money in the utilization of the BHCPF resources within the three cardinal parametres of the economy, efficiency and effectiveness.
This is a minimum demand if FGN is truly committed to ensuring the good health of all Nigerians.
Eze Onyekpere Esq.
Lead Director
Victor Emejuiwe
Programme Officer, Good Governance
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