An Examination of the Concept of Organ Harvesting Viz-A-Viz the Provision of the National Health Act of Nigeria 2014

Abstract

Good health is increasingly a very a paramount commodity in today’s -world. Given this backdrop, especially for those that can afford it, human organ transplant has become the new normal towards prolonging lives. As plausible as this is, this medical interference if left unchecked threatens the lives of many- especially the vulnerable poor ratio of our society. Therefore, the World Health Organisation in sync with the United Nations has come with a legal framework that emphasises informed consent as an indispensable pre-condition for human organ harvesting. Giving more credence to this framework other Regional treaties have been signed by State parties towards protecting their citizens against human organ trafficking. Nigeria as a State has enacted the National Health Act, 2014. This Act has resounding protective provisions towards guaranteeing good health ethics in Nigeria. Notwithstanding the foregoing, this said Act has come under severe scrutiny for failure to protect the citizens of Nigeria against uninformed consent or lack of consent before organ harvesting. In view of this, this work seeks to examine the historical antecedent of organ harvesting and transplanting; engage in certain conceptual clarification; interrogate certain provisions of the National Health Act as it relates to organ harvesting vis-a-vis international legal framework in this regard; and recommending plausible ways of amending the alarming provisions to meet up with international best practices.