Beyond the National Health Act: Arguing for a Comprehensive and Enforceable Maternal Care Policy in Nigeria

Abstract

According to the World Health Organisation (WHO) “maternal health refers to the health of women  during  pregnancy,  childbirth  and  the  postpartum  period”.  Wikipedia further defines maternal health to encompass the  health  care dimensions of  family  planning,  preconception,  prenatal  and postnatal  care  aiming to reduce maternal  morbidity  and mortality. The journey to motherhood in Nigeria remains one of the most perilous in the world. For tens of thousands of women each year, pregnancy and childbirth, universal symbols of life and hope, end in a preventable death. Nigeria bears a staggering and disproportionate share of the global maternal mortality burden, accounting for nearly 30% of all maternal deaths worldwide. This research investigated the persistent maternal mortality crisis in Nigeria and its profound impact on the nation's developmental indices and argued that the high rate of preventable maternal death constitutes a national emergency that is directly linked to failures within the country's legal and policy architecture. Using a doctrinal research methodology, I conducted a critical analysis of primary legal sources, including the 1999 Constitution of the Federal Republic of Nigeria, the National Health Act (2014), and the National Health Insurance Authority Act (2022), alongside relevant international treaties to which Nigeria is a signatory. My research also drew upon secondary sources such as scholarly journals, government reports, and publications from international development partners to assess the socio-economic consequences of the crisis. A primary challenge this research identified was that the existing legal framework, while well-intentioned, is fragmented, underfunded, and largely unenforceable, failing to provide a tangible right to survival for pregnant women. This research found that the non-justiciable nature of key constitutional provisions on health and the implementation gaps in current legislation are significant barriers to progress. In response to these challenges, this research proposed the enactment of a new, standalone "Comprehensive Maternal Care Act" (CMCA). I concluded that only a bold legislative mandate can transform the right to maternal health from an aspirational principle into an enforceable reality. This research recommended the establishment of a legally guaranteed continuum of care, a strengthened primary healthcare system, robust accountability mechanisms through an independent commission, and a diversified, ring-fenced funding strategy to ensure the long-term sustainability of maternal health services in Nigeria.