Human rights activist and former President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba (SAN), has issued a stark warning about the alarming rise in medical negligence in Nigeria, urging state legislatures to take immediate action. In a letter addressed to the Chairman of the Conference of Speakers of State Legislatures of Nigeria, Mr. Adebo Ogundoyin, Agbakoba calls for sweeping reforms to address a crisis that has led to preventable deaths and a breakdown in accountability within the healthcare system.
Agbakoba's concerns stem from his extensive experience in medical malpractice litigation, having handled over 50 cases nationwide. He highlights a recent tragic incident involving the death of Nkanu Nnamdi, the son of renowned author Chimamanda Ngozi Adichie and her husband, Dr. Ivara Esege, following a routine medical procedure at a private hospital in Lagos. This incident, he argues, is a stark reminder of the systemic weaknesses in Nigeria's healthcare oversight.
The activist outlines a series of critical issues, including preventable deaths from routine procedures, inadequate pre-operative assessments, monitoring failures, improper medication administration, and the absence of independent oversight mechanisms. He also raises concerns about alleged tampering with medical records to evade liability, weak accountability systems that allow negligent practitioners to operate without consequences, and the over-centralization of regulatory authority within state ministries of health.
Agbakoba laments the disappearance or ineffectiveness of older supervisory structures, such as Chief Medical Officers and Health Inspectors, which once ensured compliance and accountability. He also points out the chronic underfunding of the healthcare sector, with many states failing to meet the 15% annual budget allocation commitment made under the 2001 Abuja Declaration.
To address these challenges, Agbakoba proposes a unified State Clinical Negligence and Patient Safety Law to consolidate fragmented legal provisions. He also recommends the codification of clear standards of care, including internationally recognized principles on informed consent and disclosure of material risks. Other proposals include a clear separation between civil, criminal, and professional disciplinary liabilities, the creation of an administrative redress scheme for low-value claims, and the establishment of independent State Healthcare Quality and Safety Commissions with the power to license, inspect, investigate, and sanction healthcare facilities.
Agbakoba emphasizes the need for comprehensive patient rights protections, including guaranteed access to medical records within seven days, the right to second opinions, effective complaints mechanisms, and the mandatory presence of independent patient advocates in healthcare facilities. He stresses that coordinated action is critical, as the current division of responsibilities between federal and state bodies has created gaps that negligent practitioners exploit.
In conclusion, Agbakoba calls for strong state-led reforms, combined with reinforced federal oversight, to build a healthcare system rooted in safety, transparency, accountability, and respect for human life. He emphasizes that the time to act is now, as without urgent reforms, preventable tragedies will continue to erode public trust in Nigeria's healthcare system.
