The third quarter of 2026 saw significant activity in Nigeria’s health sector, from preparations for the National Council on Health and new directives on the protection of health workers, to proposed reforms on mental health, e-health, facility regulation and drug procurement. This edition of the Medical Law Digest covers the key developments.
HIGHLIGHTS IN THIS EDITION:
Federal Ministry of Health Begins Preparations for 67th National Council on Health
On 20 August 2026, the Federal Ministry of Health and Social Welfare inaugurated the sub-committees for the 67th National Council on Health, scheduled for Lafia, Nasarawa State, from 16 to 20 November 2026 under the theme “From Commitment to Results: Delivering Quality and Equitable Healthcare for All Nigerians”. Under Section 5 of the National Health Act 2014, the Council coordinates policy between the Federal Government and the States, although its resolutions do not replace legislation or the statutory powers of regulators.
Federal Government Directs Measures to Protect Health Workers
Following the report of the Ministerial Committee on the Harassment of Health Workers by Security Personnel, constituted on 19 May 2026 after an incident at the University of Uyo Teaching Hospital, the Federal Government directed immediate implementation of protective measures. These include stronger internal security, Violence Prevention Teams, mandatory incident reporting and investigation, and agreed rules for security operations within hospital premises. The Government noted that the absence of a specific law on violence against health workers does not prevent enforcement of existing criminal, civil or administrative laws.
Jehovah’s Witnesses Revise Position on Blood Components
On 18 September 2026, the Governing Body of Jehovah’s Witnesses announced that decisions on accepting red cells, white cells, plasma or platelets are now matters of individual conscience, while the position against whole blood transfusion remains unchanged. The development reinforces patient autonomy and informed consent, as recognised in M.D.P.D.T. v. Okonkwo (2001), while Esabunor & Anor v. Faweya & Ors (2019) confirms that parental religious beliefs cannot prevent necessary medical intervention for a child. Healthcare professionals should ascertain each patient’s individual wishes and document the decision carefully.
Call for Review of Abortion Law Highlights Legal Questions on Foetal Abnormalities
Prof. Olufemi Oloyede of Olabisi Onabanjo University has called for a review of Nigeria’s abortion laws in cases of severe foetal abnormalities, and for a multidisciplinary bioethics committee to assess complex prenatal cases. Under the Criminal Code and the Penal Code, termination is generally permitted only to save the woman’s life, so the current framework does not provide a statutory ground based solely on foetal abnormality. Any reform would need to balance maternal autonomy, foetal interests, medical judgment and safeguards against discriminatory decision-making.
Federal Government Moves Towards Decriminalising Attempted Suicide
The Federal Executive Council has approved a proposed amendment to the National Mental Health Act 2021 to remove attempted suicide from the criminal law, with the proposal to be transmitted to the National Assembly. Attempted suicide is currently punishable under section 327 of the Criminal Code and section 231 of the Penal Code. FEC approval does not by itself repeal these provisions, as the National Assembly must still pass the amendment. The Government links the reform to a broader strategy to reduce suicide and suicide attempts by 15 per cent by 2030.
Pharmacists Call for Federal Drug Management Agency
Following its 45th Annual International Scientific Conference in Abuja (27 July to 1 August 2026), the Association of Community Pharmacists of Nigeria called for a Federal Drug Management Agency to coordinate medicine procurement and urged the National Assembly to conclude action on the National Drug Management Agency Establishment Bill 2024. Any such agency would need a clearly defined mandate to avoid overlap with NAFDAC and the Pharmacy Council of Nigeria, and enforceable standards on quality, traceability and recall.
Healthcare Providers Raise Regulatory Concerns Over Proposed NHFRA Bill
The Healthcare Providers’ Association of Nigeria and the Association of General Private Nursing Practitioners of Nigeria have warned that the proposed National Health Facility Regulatory Agency of Nigeria Bill 2025 could increase compliance costs and duplicate the functions of existing regulators. The central legislative question is how regulatory powers should be allocated between federal and state authorities and professional councils, with transparent rules on accreditation, fees, inspections, sanctions and appeals.
Senate Advances Bill to Establish Legal Framework for Electronic Health Services
The Senate has passed for second reading the E-Health Bill 2025, which seeks to regulate telemedicine and electronic health information systems, following its first reading on 8 July 2026 and referral to the Committee on Health (Secondary and Tertiary). Key legal issues include compliance with the Nigeria Data Protection Act 2023, informed consent, licensing of remote practitioners, and the evidential integrity of electronic medical records.
FCCPC Warns Bakery Operators Against Unsafe Ingredients and Misleading Labelling
At a stakeholder engagement in Lagos, the Federal Competition and Consumer Protection Commission warned bakery and confectionery operators against unsafe substitutes, prohibited additives and misleading labels in response to rising production costs. The Commission reminded operators of their obligations under the FCCPA 2018, including the traceability requirement in section 134, and stressed that higher costs do not displace statutory consumer protection duties.
Odigbo Deaths Renew Concerns Over Regulation of Herbal Medicines
The reported deaths of 27 residents in Ondo State after consuming suspected herbal drinks have renewed concerns over the regulation of herbal medicines. The Ondo State Government has begun enforcement against unapproved herbal products, while the Senate has passed for second reading a Bill to replace the existing food and drugs regime, and the House of Representatives is advancing a Bill to expand NAFDAC’s oversight of herbal medicines. The incident underscores the need for effective enforcement alongside timely conclusion of the legislative process.
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