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Senior Advocate calls for urgent overhaul of Nigeria’s health regulation framework, cites rising cases of preventable deaths
A senior legal practitioner and medical negligence specialist, Olisa Agbakoba, SAN, has expressed deep concern over what he described as the growing wave of preventable deaths linked to medical negligence across Nigeria, warning that the country’s health sector is facing a full-blown regulatory and accountability crisis.
Agbakoba’s intervention follows the recent death of Nkanu Nnamdi, one of the twin sons of celebrated writer Chimamanda Ngozi Adichie and her husband, Dr. Ivara Esege, an incident that has again drawn national attention to lapses within the healthcare system.
Speaking as a lawyer who has specialised in medical malpractice for over 20 years and has been involved in more than 50 negligence cases, Agbakoba said the tragedy reflects a disturbing pattern of incompetence in some Nigerian hospitals. He noted that he was not shocked that a procedure described as routine, and carried out in a reputable hospital, could end in such a devastating outcome.
According to him, reports that Propofol was administered in the case are particularly troubling, as the drug requires exceptional care due to its high risk of cardio-respiratory failure. He explained that an overdose can be fatal and said there appears to be a strong possibility that excessive dosage may have been involved.
Agbakoba commended the Lagos State Government for its swift commitment to investigate the incident and also acknowledged Euracare Hospital for agreeing to cooperate with investigators. However, he warned that investigations must be truly independent and transparent, stressing that he has encountered situations where medical records were altered to avoid liability.
Describing the issue as personal, the senior advocate recalled being misdiagnosed in the past for an ailment that could have had serious consequences. He also narrated how his brother narrowly escaped death after undergoing surgery performed by a doctor who falsely presented himself as a qualified surgeon.
He pointed to several other cases to illustrate what he called a systemic national crisis. These include the case of Peju Ugboma, a woman who reportedly lost both kidneys following negligent surgery; a mother who died from haemorrhagic shock after childbirth due to delayed medical response; a 12-year-old whose intestine allegedly went missing during treatment; a doctor who was imprisoned for improperly setting a fracture without conducting an X-ray; and an elderly woman who died after being mistakenly given a paralysing injection during a routine hospital visit.
Agbakoba said these cases are not isolated incidents but symptoms of a deeply broken system. He disclosed that his law firm is currently handling 25 medical negligence cases and has more than 20 additional complaints under review.
He traced the root of the problem to what he described as the collapse of Nigeria’s legal and regulatory framework for healthcare delivery. According to him, Nigeria previously operated under a strong supervisory system, with Chief Medical Officers and Health Inspectors responsible for oversight, compliance, and accountability. He noted that the last Chief Medical Officer of Nigeria was Dr. Samuel Layinka Manuwa.
Under the current National Health Act and state health laws, Agbakoba said this regulatory infrastructure has effectively disappeared, leaving the health sector overcentralised under the Federal Ministry of Health while states neglect their oversight responsibilities.
He argued that health facilities and practitioners now operate with alarming impunity, with no routine reporting requirements, no systematic inspections, and weak enforcement of professional standards.
Agbakoba also criticised the concentration of policy-making and regulatory powers in the offices of Ministers and Commissioners of Health, describing it as a fundamental governance failure. He said there must be a clear separation of roles, with policymakers focusing on strategy while independent regulatory bodies enforce standards and ensure accountability.
While commiserating with families who have lost loved ones to medical negligence, Agbakoba said the death of Adichie’s son represents only a small fraction of a much wider crisis affecting Nigerians daily.
He called for urgent reforms, including the establishment of an independent health regulatory authority with inspection and enforcement powers, the reinstatement of the Office of the Chief Medical Officer at federal and state levels, mandatory registration and periodic inspection of all health facilities, independent investigative mechanisms with authority to preserve medical records, and comprehensive legislative reforms to modernise Nigeria’s health laws.
Agbakoba warned that Nigeria can no longer afford to lose lives to preventable medical errors, describing the situation as a national emergency that demands immediate legislative and executive action.
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