AdvoKC Urges House: Address Nigeria National Health Act Amendment Bill Delay

• AdvoKC Foundation has urged the Nigerian House of Representatives to quickly pass the National Health Act (Amendment) Bill.
• The bill aims to at least double the federal funding allocated to the Basic Health Care Provision Fund from the Consolidated Revenue Fund.
• The Senate passed the amendment bill on April 23, 2026, but it awaits concurrence from the House of Representatives.
• Delays could prevent the increased funding from impacting the 2027 budget and hinder improvements to primary healthcare.
• Concerns exist regarding the current fund's implementation, with 1,164 facilities reported as only partly functional in the first half of 2025.

For lawyers advising healthcare providers, pharmaceutical companies, or health insurance firms in Nigeria, the progress of this Nigeria healthcare legislation is paramount.

A prominent civil society organization, AdvoKC Foundation, has recently urged the Nigerian House of Representatives to expedite the passage of a critical piece of legislation aimed at bolstering federal funding for basic healthcare services. The organization issued a stern warning that any further procrastination on this matter could prevent the proposed reforms from being incorporated into the crucial 2027 budget cycle, thereby delaying vital improvements to the nation's health infrastructure. This appeal underscores a growing concern among health advocates regarding the legislative process.

The legislation in question, known as the National Health Act (Amendment) Bill, seeks to significantly increase the financial commitment to the Basic Health Care Provision Fund Nigeria. Specifically, it proposes to at least double the current share of the Consolidated Revenue Fund that is allocated to this essential fund. While the Senate successfully passed this amendment bill on April 23, 2026, it currently remains stalled, awaiting concurrence from the House of Representatives.

AdvoKC Foundation has specifically called upon the Speaker of the House, Tajudeen Abbas, and the entire leadership of the chamber to prioritize scheduling the bill for consideration before the upcoming legislative recess. The organization, through its Communications Manager Luqman Adamu, emphasized that the remaining legislative steps are becoming increasingly time-sensitive, particularly with the 2027 general election drawing nearer. They advocate for the House to utilize its sittings to finalize the bill's consideration, direct the relevant committee to report to the plenary, and publicly commit to a clear timeline for its concurrence and subsequent harmonization with the Senate.

The National Health Act (Amendment) Bill directly targets the Basic Health Care Provision Fund Nigeria (BHCPF), which was originally established under Section 11 of the National Health Act 2014. This foundational legislation created the BHCPF with the explicit mandate to finance essential basic healthcare services across the country. Under its existing framework, the fund plays a crucial role in supporting various aspects of the healthcare system, including health insurance schemes, the provision of essential medicines, the operation of primary healthcare facilities, and the crucial delivery of emergency medical response services.

The core of the proposed amendment lies in its objective to substantially increase the statutory allocation to this fund. By seeking to at least double the percentage of the Consolidated Revenue Fund directed to the BHCPF, the bill aims to provide a more robust and predictable financial base for primary healthcare. This legislative adjustment is seen as a vital step in strengthening the financial backbone of Nigeria's healthcare system, particularly at the grassroots level where access to care is often most critical.

For lawyers advising healthcare providers, pharmaceutical companies, or health insurance firms in Nigeria, the progress of this Nigeria healthcare legislation is paramount. Its potential passage could significantly alter funding streams, regulatory frameworks, and compliance obligations related to the Basic Health Care Provision Fund, impacting business strategies and operational requirements in the healthcare sector. The amendment represents a potential shift in how healthcare is funded and managed, necessitating close monitoring by legal professionals.

AdvoKC Foundation highlights that the current performance record of the Basic Health Care Provision Fund underscores the urgent need for the proposed increase in its statutory allocation. Data obtained from a Federal Ministry of Health response to a Freedom of Information request, and subsequently reported by the International Centre for Investigative Reporting, revealed that the Federal Government disbursed a total of N32.88 billion through the fund during the first half of 2025. This disbursement was evenly split, with N16.44 billion released in each of the first two quarters of that year.

Despite these disbursements, the same official response indicated significant operational challenges within the system. It listed 1,164 beneficiary facilities as only partly functional, representing approximately one in every seven facilities on the list. This statistic points to inefficiencies and gaps in the fund's implementation, which the House of Representatives was previously alerted to via a motion placed on its order paper as far back as October 18, 2023.

While advocating for a higher allocation, AdvoKC also tempered expectations, cautioning that merely doubling the statutory share is not a comprehensive solution. The organization emphasized that a higher percentage of funding would yield little benefit if the appropriated funds are not released and utilized in a timely manner. However, they firmly believe that raising the financial floor is a necessary initial step, especially for a fund operating at its legal minimum while serving an extensive primary healthcare network that currently has no margin for error. The amendment would also provide lawmakers with a clearer benchmark for holding the executive accountable for the timely release and appropriate use of these crucial funds.

The ongoing delay in the House of Representatives health funding bill carries significant implications for the future of primary healthcare in Nigeria. The National Health Act Amendment Bill is not merely about increasing numbers; it represents a fundamental effort to create a more predictable and stable funding environment for essential health services. For millions of Nigerians who frequently rely on primary health centers as their sole source of medical care and often pay directly for services, the timely passage of this bill could translate into improved access, better facilities, and more consistent provision of vital healthcare.

The call from AdvoKC Foundation underscores a broader concern about legislative responsiveness to critical social issues, particularly as the nation approaches a major election cycle. The foundation's Acting Executive Director and Co-founder, Habib Sheidu, articulated this sentiment by stating, "The Senate has done its part. The question now is whether the House will treat primary healthcare as urgent business or as something that can wait for the next resumption. Nigerians in communities where the health centre is the only option cannot afford another adjournment without action." This highlights the human cost of legislative inaction.

Ultimately, the amendment aims to strengthen accountability mechanisms within the healthcare sector. By providing a clearer statutory basis for funding, it empowers lawmakers to more effectively oversee the executive's management of the Basic Health Care Provision Fund Nigeria. This enhanced oversight is critical for ensuring that increased allocations translate into tangible improvements in healthcare delivery, rather than being hampered by delays in appropriation or release, which have historically plagued public sector funding in Nigeria.

Lawyers advising healthcare providers, pharmaceutical companies, or health insurance firms in Nigeria should closely monitor the progress of the National Health Act (Amendment) Bill. Its potential passage could significantly alter funding streams, regulatory frameworks, and compliance obligations related to the Basic Health Care Provision Fund, impacting business strategies and operational requirements in the healthcare sector.

Source: Original reporting via PUNCH