GENOMICS, GENE EDITING AND THE RIGHT TO HEALTH IN NIGERIA

Abstract

Genomics studies the genetic make-up of organisms and focuses on the discovery and documentation of a whole genome sequence at a specific time frame. The ground-breaking impact of gene editing technologies such as clustered regularly interspaced short palindromic repeats (CRISPR) and gene drive on health is particularly astounding. It has led to new therapies and potential solutions to almost intractable health and medical challenges, especially inherited and congenital health conditions such as sickle cell anaemia and other blood diseases. Despite the transformative effect of these technologies, their benefits have not significantly impacted the actualisation of the right to health in Nigeria. The study relied on both primary and secondary data. Sources from which primary data were derived include the Constitution of the Federal Republic of Nigeria, 1999 (CFRN); the National Biosafety Management Agency (NBMA), amended in 2015 and 2019; the National Health Act, 2014 (NHA); the International Covenant on Economic, Social and Cultural Rights, 1976 (ICESCR); and the World Health Organization (WHO) Recommendations and Framework for Governance. The data were subjected to jurisprudential and content analysis. Nigeria’s health facilities and budgetary allocation are grossly insufficient, having not met international standards. Contrary to Article 12(2)(a) of the ICESCR and ACHPR, the CFRN does not protect the right to health, resulting in a violation of the right. While the ACHPR provides assurances that the protection of the right to health is recognised, the non-justiciability provision of the CFRN on the same subject matter renders the ACHPR null and void given the supremacy of the CFRN. The NHA 2014 explicitly prohibits human genome editing, thereby denying Nigerians the benefit of that technology. The existing infrastructure and legal and policy frameworks for the utilisation of genomics technologies and the protection of the right to health in Nigeria are ineffective and do not meet global best practices. There is a need to make right to health a fundamental right, significantly improve health infrastructure and increase budgetary allocation to health.