Human rights activist and former President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba (SAN), has issued a stark warning about the escalating crisis of medical negligence in Nigeria. In a letter addressed to the Chairman of the Conference of Speakers of State Legislatures of Nigeria, Mr. Adebo Ogundoyin, Agbakoba calls for immediate and comprehensive legislative action to address this critical issue.
The letter, dated February 4, 2026, highlights the recurring cases of preventable deaths linked to medical negligence, emphasizing the urgent need for reform. Agbakoba's concern stems from the failures of existing regulatory frameworks to ensure accountability and patient safety, as evidenced by recent tragic incidents.
One such incident involves the death of Nkanu Nnamdi, the twin son of renowned author Chimamanda Ngozi Adichie and her husband, Dr. Ivara Esege. The death occurred following a routine medical procedure at a private hospital in Lagos, shedding light on the vulnerabilities within Nigeria's healthcare oversight system.
With over two decades of experience in medical malpractice litigation, Agbakoba paints a grim picture of a systemic healthcare crisis. He attributes the crisis to preventable deaths from routine procedures, inadequate pre-operative assessments, monitoring failures, improper medication administration, and the absence of independent oversight mechanisms. Allegations of medical record tampering to evade liability further exacerbate the situation.
The activist also criticizes weak accountability systems that enable negligent practitioners to operate without consequences and the over-centralization of regulatory authority within state ministries of health. He laments the disappearance or ineffectiveness of older supervisory structures, such as Chief Medical Officers and Health Inspectors, which once ensured compliance and accountability.
Agbakoba underscores the chronic underfunding of the healthcare sector, noting that many states have failed to meet the commitment made under the 2001 Abuja Declaration to allocate at least 15% of annual budgets to healthcare. He argues that this underfunding contributes to the systemic issues within the healthcare system.
To combat these challenges, Agbakoba proposes a unified State Clinical Negligence and Patient Safety Law to consolidate fragmented legal provisions. He also recommends the codification of clear standards of care, including internationally recognized principles on informed consent and disclosure of material risks. Other suggestions include a clear separation between civil, criminal, and professional disciplinary liabilities, an administrative redress scheme for low-value claims, and the establishment of independent State Healthcare Quality and Safety Commissions.
These commissions, separate from ministries of health, would have the authority to license, inspect, investigate, and sanction healthcare facilities. Agbakoba also advocates for comprehensive patient rights protections, such as 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 emphasizes the urgency of coordinated action, highlighting the current division of responsibilities between federal bodies and state governments, which has created gaps exploited by negligent practitioners. He believes that strong state-led reforms, combined with reinforced federal oversight, are essential to building a healthcare system grounded in safety, transparency, accountability, and respect for human life.
In conclusion, Agbakoba urges state legislatures to take immediate action, warning that without urgent reforms, preventable tragedies will continue to erode public trust in Nigeria's healthcare system.
