Senior Advocate of Nigeria (SAN) and medical malpractice expert Olisa Agbakoba called for the immediate creation of an independent health regulator and the reinstatement of chief medical officers at the federal and state levels.
SAN warned that Nigeria’s healthcare system is failing patients due to weak oversight and enforcement.
In a press release issued on Monday, Agbakoba said recurrent cases of medical malpractice, including the recent death of Nkanu Nnamdi, one of the twin sons of author Chimamanda Ngozi Adichie and her husband Ivara Esege, highlight the urgent need for structural reforms in healthcare regulation.
According to Agbakoba, the fundamental problem underlying these tragedies is the complete failure of the legal and regulatory framework governing Nigeria’s health sector.
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The senior lawyer stressed that unless oversight mechanisms are quickly restored, preventable deaths will continue.
Drawing on more than 20 years of experience in handling medical malpractice cases, Mr. Agbakoba argued that Nigeria used to have a functional oversight system centered on the chief medical officer and health inspector.
“In the past, the health system functioned under a strong supervisory structure. Chief medical officers and health inspectors were responsible for overseeing critical care, ensuring compliance with standards and holding health workers accountable,” he said.
He disclosed that the last Chief Medical Officer of Nigeria was Mr. Samuel Rainka Manuwa.
The lawyer said that under the current legal framework, that structure has collapsed, with hospitals and medical practitioners operating with little or no accountability.
“Today, under the National Health Act and the Provincial Health Act, this critical regulatory infrastructure no longer exists. Our health sector is overly concentrated under the federal Minister of Health, and each province has less oversight.
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“As a result, health facilities and health workers operate with astonishing impunity. Regular reports are not required, there is no systematic inspection, and there is no effective enforcement of professional standards.”
Mr. Agbakoba further said that the role of the Minister of Health and the Health Commissioner has been to confuse policy-making with regulatory enforcement, which is a fundamental governance failure.
“There needs to be a clear separation of functions. Ministers and secretaries should focus on policy development and strategic direction, while independent health inspectors and regulators must be empowered to enforce standards, carry out inspections and ensure accountability.”
