Agbakoba urges state legislatures to act on medical negligence, calls for sweeping reforms

By Olasunkanmi Akoni

LAGOS — Human rights activist and former President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba (SAN), has called for urgent legislative intervention to address what he described as a deepening crisis of medical negligence in Nigeria.

In a letter dated February 4, 2026, and addressed to the Chairman of the Conference of Speakers of State Legislatures of Nigeria, Mr. Adebo Ogundoyin, Agbakoba demanded comprehensive reforms of healthcare regulation at the state level to stem recurring cases of preventable deaths linked to medical negligence.

Agbakoba expressed grave concern over what he termed “absolutely preventable deaths” arising from lapses by healthcare practitioners, warning that existing regulatory frameworks have failed to ensure accountability and patient safety.

He cited the recent death of Nkanu Nnamdi, one of the twin sons of acclaimed author Chimamanda Ngozi Adichie and her husband, Dr. Ivara Esege, following what was said to be a routine medical procedure at a private hospital in Lagos, as a tragic example that has once again exposed weaknesses in Nigeria’s healthcare oversight system.

Drawing from over two decades of experience in medical malpractice litigation, during which he said he had handled more than 50 cases nationwide, Agbakoba described the situation as a systemic healthcare crisis. According to him, the crisis is marked by preventable deaths from routine procedures, inadequate pre-operative assessments, monitoring failures, improper medication administration, and the absence of independent oversight mechanisms.

He also raised concerns about alleged tampering with medical records to evade liability, weak accountability systems that allow negligent practitioners to operate without consequences, and the over-centralisation of regulatory authority within state ministries of health.

Agbakoba lamented that older supervisory structures, such as Chief Medical Officers and Health Inspectors, which once ensured compliance and accountability, have either disappeared or become ineffective under current state health laws. He further faulted chronic underfunding of the sector, noting that many states have failed to meet Nigeria’s commitment under the 2001 Abuja Declaration to allocate at least 15 per cent of annual budgets to healthcare.

To address the challenges, Agbakoba urged State Houses of Assembly to enact a unified State Clinical Negligence and Patient Safety Law to consolidate fragmented legal provisions. He also recommended codifying clear standards of care, including internationally recognised 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 to reduce litigation delays; and the establishment of independent State Healthcare Quality and Safety Commissions, separate from ministries of health, with powers to license, inspect, investigate, and sanction healthcare facilities.

He further called 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.

Agbakoba stressed that coordinated action is critical, noting that the current division of responsibilities—where federal bodies regulate professionals while states oversee facilities—has created gaps exploited by negligent practitioners.

He argued that strong state-led reforms, combined with reinforced federal oversight, would help build a healthcare system anchored on safety, transparency, accountability, and respect for human life.

“The time to act is now,” Agbakoba said, warning that without urgent reforms, preventable tragedies would continue to undermine public confidence in Nigeria’s healthcare system.

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