Daud Olatunji
A professor of law and health policy at Babcock University, Prof. Cheluchi Onyemelukwe-Onuobia, has called for a constitutional review to address critical gaps in Nigeria’s healthcare system, particularly in surrogacy, assisted reproductive treatments, mental health, and emergency medical services.
Delivering the 52nd inaugural lecture of Babcock University, Onyemelukwe-Onuobia emphasized that outdated laws and weak implementation remain major obstacles to quality healthcare access.
“Laws and their implementation can become a stumbling block if not properly addressed,” she said, highlighting the criminalization of attempted suicide as an example.
She noted that the law, a colonial-era relic, had been repealed in the United Kingdom but still exists in Nigeria, despite minor adjustments in some states.
The legal scholar stressed the importance of regulatory laws in protecting all parties involved in surrogacy and assisted reproductive treatments, including surrogates, intended parents, and children.
“Regulations can ensure that surrogacy and assisted reproductive treatments are carried out safely and ethically, preventing the exploitation of vulnerable individuals,” she stated.
Onyemelukwe-Onuobia also identified major challenges in Nigeria’s health sector, including a high disease burden, maternal mortality, limited access to healthcare, inadequate human resources, and low budgetary allocation.
“Budgetary allocations to healthcare hover between 5% or less of the annual budget, falling short of providing best standards for a population of almost a quarter of a billion,” she lamented.
To address the pressing issues, she proposed several reforms, including: review and updating of outdated laws to align with modern values and human rights standards.
She also suggested a clear regulatory framework for telemedicine and digital health services to enhance remote healthcare access.
The don also recommended Improved awareness and government implementation of health security and emergency laws to strengthen the nation’s response to crises.
She also advocated amendment of Nigeria’s constitution to make the right to health an enforceable fundamental right in line with international human rights obligations.
On lessons from the COVID-19 Pandemic, Onyemelukwe-Onuobia also stressed that the COVID-19 pandemic exposed weaknesses in Nigeria’s health security laws, which she said must be addressed to ensure better preparedness for future health crises.
“The pandemic exposed weaknesses in existing health security and emergency laws, which must be addressed to ensure better preparedness for future health crises,” she concluded.
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