Legal practitioner and Senior Advocate of Nigeria (SAN), Dr. Olisa Agbakoba, has called for an urgent and comprehensive overhaul of Nigeria’s health regulatory framework, citing what he described as a growing pattern of preventable deaths linked to medical negligence across the country.
In a statement on Monday, Agbakoba expressed concern that repeated incidents of alleged negligence point to systemic weaknesses in the supervision and regulation of healthcare delivery in Nigeria.
He referenced the recent death of Nkanu Nnamdi, one of the twin sons of writer Chimamanda Ngozi Adichie and her husband, Dr. Ivara Esege, as a case that has again drawn public attention to patient safety concerns.
According to Agbakoba, the reported administration of Propofol, a drug that requires strict monitoring because of its cardio-respiratory risks, underscores the need for heightened professional standards and oversight in medical practice.
Agbakoba said his concerns were informed by more than two decades of legal work in medical malpractice, during which he has been involved in over 50 cases and is currently handling multiple complaints alleging negligence.
He argued that such incidents were not isolated but reflective of deeper regulatory lapses within the healthcare system.
While commending the Lagos State Government for announcing an investigation into the recent case and acknowledging the hospital’s cooperation, Agbakoba stressed that investigations into medical negligence must be independent, transparent, and thorough.
He warned that weak oversight mechanisms increase the risk of compromised investigations, including the possible alteration of medical records.
Drawing on historical comparisons, Agbakoba noted that Nigeria’s healthcare system previously operated under a more structured supervisory framework, with designated Chief Medical Officers and Health Inspectors responsible for enforcing standards and ensuring accountability.
He said that the absence of such clearly defined regulatory roles under current health laws has contributed to poor monitoring and enforcement.
According to him, the concentration of oversight functions within ministerial offices has blurred the distinction between policy formulation and regulation, leaving gaps in accountability at both federal and state levels.
He argued that this governance structure has allowed some health facilities and practitioners to operate without adequate supervision.
Agbakoba also cited several past cases involving alleged medical negligence, including misdiagnosis, delayed emergency response, and improper surgical procedures, which he said illustrate the broader scale of the problem and its human cost.
In response, he called for wide-ranging reforms, including the establishment of an independent health regulatory authority, the reinstatement of Chief Medical Officers at the federal and state levels, mandatory registration and routine inspection of health facilities, and independent investigative mechanisms with the power to secure medical records.
He also advocated legislative reforms to modernise health laws and strengthen patient protection.
He expressed sympathy for families affected by alleged medical negligence and said the current situation constituted a national concern requiring urgent executive and legislative attention.
According to Agbakoba, meaningful reform of the healthcare regulatory system is essential to improving patient safety and restoring public confidence, warning that preventable medical errors would continue unless systemic weaknesses are addressed.
He said: “I call for the immediate establishment of an independent Health Regulatory Authority with powers to inspect facilities, enforce standards, and sanction non-compliance;”Reinstitution of the Office of Chief Medical Officer at federal and state levels with clear enforcement mandates; Mandatory registration and periodic inspection of all health facilities with transparent reporting requirements;”Independent investigation mechanisms with powers to access and preserve medical records, preventing tampering or alteration; Clear separation between policy formulation and regulatory enforcement within the health sector governance structure and comprehensive legislative reform to update Nigeria’s health laws to reflect modern standards of care, accountability, and patient protection.
“The time for comprehensive overhaul of Nigeria’s health system is long overdue. We cannot continue to lose precious lives to preventable medical errors whilst the regulatory framework remains in shambles. This is a matter of national emergency that demands immediate legislative and executive action.”
