Former President of West Africa Bar Association, WABA, Mr. Femi Falana, on Monday raised the alarm over passage of the National Health Bill by the National Assembly, which was recently signed into law by President Goodluck Jonathan.
According to Falana, the Act would aid medical personnel with ulterior motives to kill innocent Nigerians.
The legal practitioner disclosed this at a press briefing in Lagos, saying there are certain provisions of the Act that disregards consent of Nigerians to the type of medical treatments they need.
Falana lamented that the nation’s public hospitals have not only become a consulting clinic, but added that they are currently reduced to mortuaries.
“We wish to point out that the National Assembly has violated the fundamental rights of Nigerians to life, human dignity, privacy and freedom of thought, conscience and religion by authorising medical doctors to remove organ of living persons in Nigeria without their consent.
“In order to appreciate the extent of the infringements of human right of the Nigerian people, section 48 and 51 of the National Health Act, 2014, which have made elaborate provisions for transplant are reproduced below.
“48 (1) subject to the provision of section 53, a person shall not remove tissue, blood or blood product from the body of another living person for any purpose except: (a) with the informed consent of the person from whom the tissue, blood or blood product is removed granted in prescribed manner.
“(b) That the consent clause may be waived for medical investigations and treatment in emergency cases and in accordance with prescribed protocol by appropriate authority.”
Falana argued that before now, there is a fundamental right of Nigerians to health as guaranteed by Article 16 of African Charter on Human and Peoples’ Right. Ratification and Enforcement Act, CAP A9, Laws of the Federation of Nigeria.
Falana, who accused the Bill Gates Foundation of United States of America of introducing section 48 and 51 to the controversial Act, wondered why the West should protect the rights of animals in their countries and recommend the violation of human rights in Nigeria.
He added that 2004 Act provides that, “Every individual shall have the right to enjoy the best attainable state of physical and mental health. States parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.”
He said that since all hospitals and other medical establishments have been mandated to admit and treat all persons in emergency situation, the National Assembly have licensed medical personnel to engage in unauthorised surgical operations for the purpose of removing vital organs from living persons.
The lawyer called on the National Assembly to immediately repeal sections 48 and 51 of the Act without delay.(Mirror)
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