Senior Advocate of Nigeria and medical malpractice expert, Dr Olisa Agbakoba, has called for the immediate creation of an independent Health Regulatory Authority and the reinstatement of Chief Medical Officers at federal and state levels, warning that Nigeria’s healthcare system is failing patients due to weak oversight and enforcement.
In a press release issued on 12 January 2026, Agbakoba said recurring cases of medical negligence, including the recent death of Nkanu Nnamdi, one of the twin sons of writer Chimamanda Ngozi Adichie and her husband, Dr Ivara Esege, underscore the urgent need for structural reform in health regulation.
“The fundamental problem underlying these tragedies is the complete failure of the legal and regulatory framework governing Nigeria’s health sector,” Agbakoba said, stressing that preventable deaths will continue unless oversight mechanisms are urgently restored.
Drawing on more than 20 years of experience handling medical malpractice cases, Agbakoba argued that Nigeria once operated a functional supervisory system anchored by Chief Medical Officers and Health Inspectors.
“In the old days, the healthcare system functioned under a robust supervisory structure. Chief Medical Officers and Health Inspectors were responsible for oversight of critical care, ensuring compliance with standards, and holding practitioners accountable,” he said, noting that “the last Chief Medical Officer of Nigeria was Dr Samuel Layinka Manuwa.”
According to Agbakoba, that structure has since collapsed under the current legal framework, leaving hospitals and practitioners to operate with little or no accountability.
“Today, under the National Health Act and State Health Laws, this essential regulatory infrastructure no longer exists,” he said. “There is no requirement for routine submission of reports, no systematic inspections, and no effective enforcement of professional standards.”
He said the absence of independent oversight has allowed medical negligence to flourish, with tragic consequences for patients and families across the country.
Agbakoba called for the immediate establishment of “an independent Health Regulatory Authority with powers to inspect facilities, enforce standards, and sanction non compliance,” insisting that regulatory enforcement must be separated from policy making.
He criticised the current arrangement where Ministers of Health and Commissioners of Health oversee both policy and regulation, describing it as “a fundamental governance failure.”
“There must be a clear separation of functions: Ministers and Commissioners should focus on policy development and strategic direction, whilst independent Health Inspectors and regulatory bodies must be empowered to enforce standards, conduct inspections, and ensure accountability,” he said.
He also demanded the reinstitution of the Office of Chief Medical Officer at both federal and state levels, with clear legal mandates to supervise clinical practice and enforce compliance across health facilities.
Agbakoba said the Chimamanda Adichie case has brought renewed public attention to medical negligence but warned that it represents only a fraction of a much wider crisis.
“These are not isolated incidents but symptoms of a systemic crisis demanding urgent intervention,” he said, adding that his law practice is currently handling 25 medical negligence cases.
He urged lawmakers and the executive arm of government to act swiftly, warning that continued delay will cost more lives.
“The time for comprehensive overhaul of Nigeria’s health system is long overdue,” Agbakoba said. “We cannot continue to lose precious lives to preventable medical errors whilst the regulatory framework remains in shambles.”
Faridah Abdulkadiri
About the Author
