AN OVERVIEW OF ORGAN/TISSUE TRANSPLANTATION AND THE ROLE OF LAW IN NIGERIA
Abstract:ABSTRACT
The practice of organ/tissue transplantation
as a medical sub-specialty has over the years gained worldwide popularity as
the modern treatment option for End Stage Organ Failure. As a result,
therefore, it has garnered a lot of attention from a wide spectrum of society
on the important issues, challenges and considerations arising from the
practice. The research has therefore attempted through doctrinal research, to
present a general overview of the subject of organ/tissue transplantation and
to put into perspective all the arrays of issues associated with the practice
by tracing the historical development of organ/tissue transplantation, outlined
and discussed some of the contemporary and controversial issues associated with
the practice. The research also examined some of the ways in which the law has
intervened to stabilize the practice through the provision of a workable, fair
and equitable regulatory framework. The research also discussed the practice in
Nigeria through a brief analysis of its development, impediments and the existence,
legal framework put in place for the management of the practice. The research
then proceeded to examine some novel trends, ideas, research and innovations in
the transplantation sector that will potentially bear heavily on the future of
organ transplantation as a sustainable treatment option. The research findings
show that certain challenges exist in this practice even with the advent of the
National Health Act 2014, the law does not adequately protect vulnerable
citizens from organ commercialization and tourism. This research recommends
that certain sections especially sections 48 and 51 of the National Health Act
be repealed and there should be more emphasis on donor consent and Government
should do more within its power to protect the vulnerable by upgrading
hospitals to international standards and possibly include organ transplant in
the National Health Insurance Scheme.