Agbakoba Calls for Urgent Overhaul of Nigeria’s Health Regulatory System

Agbakoba Calls for Urgent Overhaul of Nigeria’s Health Regulatory System

Senior Advocate of Nigeria and medical malpractice expert, Dr. Olisa Agbakoba (SAN), has called for an emergency and comprehensive reform of Nigeria’s health regulatory framework, warning that persistent cases of medical negligence point to deep-rooted systemic failures in the sector.

In a statement issued on Monday, Agbakoba said the growing number of preventable deaths in hospitals across the country highlights serious lapses in regulation, oversight and accountability, describing the situation as a national crisis.

He spoke amid renewed public concern following the recent death of Nkanu Nnamdi, one of the twin sons of renowned author Chimamanda Ngozi Adichie and her husband, Dr. Ivara Esege. The incident has sparked widespread debate on patient safety and standards of care in Nigeria’s healthcare system.

Agbakoba, who said he has spent more than two decades handling medical malpractice litigation and has been involved in over 50 such cases, described the incident as reflective of broader institutional weaknesses. He noted that reports surrounding the administration of Propofol, a potent anaesthetic, have raised serious questions about professional competence and strict adherence to clinical protocols, even in hospitals considered reputable.

While stressing that investigations are still ongoing, Agbakoba said the circumstances suggest the possibility of improper administration, adding that only an independent, transparent inquiry can establish the full facts.

He commended the Lagos State Government for pledging to investigate the matter and acknowledged the cooperation of the hospital involved, Euracare. However, he cautioned that probes into medical negligence in Nigeria are often undermined, alleging that medical records are sometimes manipulated to avoid liability.

Drawing from personal experience, Agbakoba recounted instances of alleged misdiagnosis that could have resulted in severe consequences, as well as a case in which his brother narrowly survived surgery reportedly performed by a doctor who falsely claimed to be a qualified surgeon.

He also cited numerous cases handled by his firm, including deaths linked to delayed medical intervention, surgical errors and medication mistakes. According to him, his practice is currently managing 25 active medical negligence cases, with more than 20 additional complaints under review.

“These are not isolated incidents,” he said. “They are clear symptoms of a systemic collapse.”

Agbakoba traced the crisis to what he described as the erosion of Nigeria’s health regulatory and supervisory structures. He recalled that in earlier decades, the system featured robust oversight through Chief Medical Officers and Health Inspectors tasked with ensuring compliance and accountability. He argued that the dismantling of this structure has created a regulatory vacuum.

He further criticised the existing framework under the National Health Act and related state laws, saying it has led to excessive centralisation under the Federal Ministry of Health while weakening state-level oversight. As a result, he said, many health facilities now operate without routine inspections, mandatory reporting or effective enforcement of standards.

Agbakoba also faulted what he described as a governance flaw in which Ministers and Commissioners of Health combine policy formulation with regulatory enforcement, insisting that the two roles must be clearly separated.

According to him, the recent high-profile case has merely drawn attention to a much larger crisis affecting countless Nigerian families.

To address the situation, he called for immediate reforms, including the creation of an independent Health Regulatory Authority, the reinstatement of the Office of the Chief Medical Officer at both federal and state levels, mandatory registration and inspection of health facilities, independent investigative mechanisms with powers to secure medical records, and a comprehensive review of Nigeria’s health legislation.

He concluded by describing the state of healthcare delivery in Nigeria as a national emergency.

“Nigeria cannot continue to lose lives to preventable medical errors while its regulatory framework remains weak,” Agbakoba said. “The time for decisive legislative and executive action is long overdue.”