GPA Exposes Constitutional Breach In Nigeria’s National Health Act

The Global Prolife Alliance (GPA) has raised significant concerns regarding the proposed establishment of the National Health Regulatory Agency in Nigeria.

According to the GPA, the creation of this agency is seen as a direct violation of Nigeria’s constitutional provisions and represents a fundamental shift away from established practices that have governed the regulation of healthcare services at the state and local levels.

Constitutional Breach

The GPA argues that the planned National Health Regulatory Agency conflicts with the devolution of powers outlined in the 1999 Constitution of Nigeria. They assert that healthcare regulation has historically been the responsibility of state and local governments, as specified in the constitution’s directive principles and the functions of local government councils.

Concerns About the National Health Act 2014

A major point of contention for the GPA is the National Health Act (NHAct) 2014, which they claim has created legal loopholes that could facilitate human organ trafficking. Specific provisions in the Act, such as Sections 13, 20, 43, 45, 48, 51, 53, and 58, are highlighted for enabling the removal of organs without consent, thus posing risks of exploitation and abuse.

Section 51 and Organ Transplantation

The GPA critiques Section 51 of the NHAct 2014, which deals with organ transplantation. They argue that this section improperly prioritizes the authority of medical administrators over the rights of donors and recipients. According to GPA, this is a violation of the legal principle that only the rightful owner of an organ can consent to its use. They claim that this section was intentionally designed to benefit foreign stakeholders involved in organ trafficking.

Emergency Waiver and Organ Harvesting

The GPA highlights concerns with Section 48 of the Act, which allows the waiver of informed consent in medical emergencies. They argue that the definition of an emergency can be broadly interpreted, potentially leading to non-consensual organ harvesting under the guise of urgent medical treatment. The GPA believes this provision is being exploited to facilitate illegal organ transplants.

International Human Rights Violations

The GPA asserts that the NHAct 2014 violates several international agreements, including the Helsinki Declaration on human subject research and the UN Universal Declaration on Human Rights. They also warn that these violations could lead to international sanctions against Nigeria and damage its reputation as a member of the United Nations.

Exploitation of Gametes

Another critical issue raised by the GPA is the exclusion of gametes (ovarian eggs and sperm) from the definition of human tissue in the NHAct 2014. They allege that this exclusion has led to illegal trade in ovarian eggs, with severe health risks to women undergoing procedures for egg extraction.

Call for Repeal and Reform

The GPA concludes with a call for the National Assembly to repeal the NHAct 2014 and remove all provisions that facilitate organ trafficking. They recommend establishing an independent investigative body outside the medical profession to monitor and prevent organ trafficking within Nigeria.

Political and Social Implications

Copies of the GPA’s petition have been sent to key political figures, including President Bola Ahmed Tinubu, Vice President Senator Kashim Shettima, and other high-ranking officials, urging them to take immediate action to address these constitutional and human rights concerns.