The Law Governing Organ Transplantation and Consent in Nigerian Hospitals: A Review of Current Practice

Organ transplantation medicine is expanding in Nigeria, driven by advances in medical technology and increasing disease burden, yet the legal framework governing organ donation and consent remains underdeveloped relative to the clinical realities of transplant practice. The National Health Act of 2014 contains provisions relevant to organ and tissue donation, but its implementation across Nigerian hospitals has been inconsistent and inadequately evaluated. This research reviews the current law and practice governing organ transplantation and consent in Nigerian tertiary hospitals, drawing on case materials from University of Nigeria Teaching Hospital Enugu and Lagos University Teaching Hospital. A doctrinal and empirical methodology was employed, combining analysis of the National Health Act and ethical guidelines with interviews conducted with transplant surgeons, hospital ethics committee members, and medical lawyers. Secondary data was sourced from National Health Insurance Authority publications, academic medical ethics literature, and legal texts from 2019 to 2024. The findings reveal critical ambiguities in the statutory definition of consent requirements, particularly regarding next-of-kin authority versus prior individual directives. There is also inadequate statutory guidance on living donor protection and the prohibition of organ trafficking. Recommendations include enacting dedicated organ donation legislation, establishing a national organ donation registry, and strengthening ethical oversight of transplant practice. This research bridges the gap between medical law and clinical practice in Nigeria, offering a timely contribution to health law scholarship. Keywords: organ transplantation, consent, National Health Act, medical law, Nigeria.