Olisa Agbakoba, Senior Advocate of Nigeria (SAN) and medical malpractice expert, has called for the immediate creation of an independent Health Regulatory Authority and the reinstatement of Chief Medical Officers at the federal and state levels.
The SAN warned that Nigeria’s healthcare system is failing patients due to weak oversight and enforcement.
In a press release issued on Monday, Agbakoba said recurring cases of medical negligence, including the recent death of Nkanu Nnamdi, one of the twin sons of writer Chimamanda Ngozi Adichie and her husband, Ivara Esege, underscore the urgent need for structural reform in health regulation.
According to Agbakoba, the fundamental problem underlying these tragedies is the complete failure of the legal and regulatory framework governing Nigeria’s health sector.
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The senior lawyer stressed that preventable deaths will continue unless oversight mechanisms are urgently restored.
Drawing on more than 20 years of experience handling medical malpractice cases, Agbakoba argued that Nigeria once operated a functional supervisory system anchored by Chief Medical Officers and Health Inspectors.
“In the old days, the healthcare system functioned under a robust supervisory structure. Chief Medical Officers and Health Inspectors were responsible for oversight of critical care, ensuring compliance with standards, and holding practitioners accountable”, he said.
He revealed that the last Chief Medical Officer of Nigeria was Samuel Layinka Manuwa.
The lawyer said that the structure has since collapsed under the current legal framework, leaving hospitals and practitioners to operate with little or no accountability.
“Today, under the National Health Act and State Health Laws, this essential regulatory infrastructure no longer exists. Our health sector has become overcentralised under the Federal Minister of Health, causing states to become lax in oversight responsibilities.
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“As a result, health facilities and medical practitioners operate with alarming impunity. There is no requirement for routine submission of reports, no systematic inspections, and no effective enforcement of professional standards.
Speaking further, Agbakoba said that Ministers of Health and Commissioners of Health have assumed roles that conflate policy-making with regulatory enforcement—a fundamental governance failure.
“There must be a clear separation of functions: Ministers and Commissioners should focus on policy development and strategic direction, whilst independent Health Inspectors and regulatory bodies must be empowered to enforce standards, conduct inspections, and ensure accountability.
