Prominent lawyer and Senior Advocate of Nigeria (SAN), Dr. Olisa Agbakoba, has issued a powerful call for an immediate and complete restructuring of the country's health regulatory system. He sounded the alarm on Monday, 12 January 2026, pointing to a disturbing increase in preventable deaths allegedly caused by medical negligence.
A Systemic Failure Demanding Immediate Action
Agbakoba stated that recurring incidents of alleged malpractice are not isolated events but clear symptoms of deep-seated weaknesses in how healthcare is supervised and regulated across Nigeria. His concerns are backed by more than twenty years of legal practice in medical malpractice, during which he has handled over 50 cases and is currently managing multiple complaints.
He highlighted the recent, highly publicized case involving the death of Nkanu Nnamdi, one of the twin sons of celebrated author Chimamanda Ngozi Adichie and her husband, Dr. Ivara Esege. Agbakoba noted that the reported use of Propofol, a potent drug requiring strict monitoring due to cardio-respiratory risks, in this tragedy underscores the critical need for higher professional standards and robust oversight.
Root Causes: From Clear Roles to Blurred Accountability
Drawing a historical comparison, the senior lawyer explained that Nigeria's healthcare system once functioned under a more defined supervisory framework. In the past, Chief Medical Officers and Health Inspectors had clear mandates to enforce standards and ensure accountability.
According to Agbakoba, the current health laws have eroded these specific roles, leading to poor monitoring and enforcement. He argued that oversight functions have become concentrated within ministerial offices, blurring the vital line between policy formulation and regulatory enforcement. This governance gap, he warned, has allowed some health facilities and practitioners to operate without adequate supervision, increasing risks for patients.
While he commended the Lagos State Government for launching an investigation into the recent case and acknowledged the involved hospital's cooperation, Agbakoba stressed that all probes into medical negligence must be truly independent, transparent, and thorough. He cautioned that weak oversight mechanisms raise the risk of compromised investigations, including the potential alteration of medical records.
A Blueprint for Reform and Restoration of Trust
In response to this crisis, Dr. Agbakoba proposed a comprehensive set of reforms designed to rebuild the system. He expressed sympathy for all families affected by alleged medical negligence and framed the situation as a national emergency requiring urgent executive and legislative attention.
His key recommendations include:
- The immediate creation of an independent Health Regulatory Authority with powers to inspect facilities, enforce standards, and sanction non-compliance.
- The reinstatement of the Office of Chief Medical Officer at both federal and state levels with clear enforcement mandates.
- Mandatory registration and routine inspection of all health facilities with transparent reporting requirements.
- Establishing independent investigation mechanisms with the legal power to access and preserve medical records to prevent tampering.
- A clear separation between policy-making and regulatory enforcement within the health sector's governance structure.
- Comprehensive legislative reform to modernize Nigeria's health laws, aligning them with contemporary standards of care, accountability, and patient protection.
"The time for comprehensive overhaul of Nigeria’s health system is long overdue," Agbakoba declared. "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."
He concluded that meaningful reform is not just a bureaucratic exercise but an essential step to improve patient safety and restore the rapidly eroding public confidence in Nigeria's healthcare system.
