Chijioke Iremeka
Stakeholders in the health sector have kicked against the proposed establishment of the National Healthcare Facility Regulatory Agency by the Federal Government.
The stakeholders described the Federal Government’s move to oversee and address unethical practices in healthcare facilities across the country through a federal regulatory agency as wasteful, counterproductive, and a violation of constitutional principles.
The health professionals argued that the move should be opposed by Nigerians, as it could lead to the closure of reputable Nigerian healthcare facilities and potentially pave the way for foreign-owned health institutions.
They maintained that foreign entities might exploit Section 48 of the National Health Act 2014, which allows for certain practices that could include organ harvesting without consent which is unethical.
The stakeholders argued that, according to constitutional provisions, each state and local government council, is responsible for regulating healthcare facilities within their borders through the state ministry of health’s director of medical services.
Recall that to enhance healthcare delivery and ensure facilities nationwide operate within legal boundaries to prevent medical harm and safeguard citizens, the Federal Government announced plans to establish the National Healthcare Facility Regulatory Agency.
This was disclosed by the Honourable Minister of State for Health and Social Welfare, Dr. Tunji Alausa, during the inauguration of the Technical Team on National Medical Laboratory Regulation and Inspection Against Quackery in Abuja.
Alausa emphasised that creating this regulatory agency is a crucial part of the government’s broader strategy to protect the health and well-being of all Nigerians, highlighting the need for stringent regulations.
He expressed concern over recent reports of illegal kidney harvesting operations in Abuja and other parts of the country, saying, “Currently, there is no legal framework to address such heinous activities adequately. At present, only the professionals working in these illicit facilities can be sanctioned, but there is no mechanism to punish the facilities themselves.”
Speaking exclusively with PUNCH Healthwise in different interviews, the experts said there was no need for the creation of a healthcare facility regulatory agency as it would be tantamount to counterproductive, wasteful, power devolution, and violation of law.
Prof Philip Njemanze
A professor of medicine and the Medical Director of the Chidicon Medical Centre, Owerri, Imo State, Philip Njemanze, said the main issue is that health is in the 1999 Constitution Fourth Schedule functions of the Local Government Council, section 2(c), the provisional maintenance of Health Services.
Njemanze, who is also the Chairman of the International Institutes of Advanced Research and Training, Owerri, noted that with this legal position, each state and local government regulates the practice of healthcare facilities within its borders under the state ministry of health director of medical services.
He said, “This has been the usual practice. There is no Constitutional locus for Federal Regulation of Healthcare facilities outside Abuja Federal Capital Territory in the 1999 Constitution. It is strictly a state and LGA matter.
“What the Federal Ministry of Health is proposing is a major unconstitutional breach that should be taken very seriously and opposed by all Nigerians. It affects the principle of devolution of powers and is an unconstitutional power grab from the states.
“The fact that such a proposal is being made by the FMOH warrants an investigation into the motives of the persons behind this proposal. We are still dealing with the ominous breach in the National Health Act 2014 that allows in Section 48 for the organs of Nigerians to be poached without consent.
“If this breach of introducing an unconstitutional National Health Regulation Agency is allowed, good Nigerian Healthcare facilities could be closed to facilitate foreign-owned facilities that would engage in harvesting organs of Nigerians without consent as permitted in Section 48 of the National Health Act 2014.
“The latter we have pointed out is a looming criminal nightmare that security agencies must be alerted to. The National Assembly must move to repeal the National Health Act 2014 in Sections 13, 20, 43, 45, 48, 53, 58, and the definition of tissue must include gametes to prevent poaching of Ovarian Eggs of Nigerian women.”
Njemanze, also the Chairman of the Global Prolife Alliance, warned that women with poached ovarian eggs will die between three and five years later from complications of Ovarian Hyperstimulation Syndrome, which presents as kidney failure, liver failure, cancers, and infertility among others.
He cautioned that if the NHA 2014 is fully implemented, at least 10 million Nigerian women will die from these complications within a decade.
“On the other hand, the Western Biotechnology companies co-sponsoring these nefarious activities in Nigeria will gain over $30 trillion from cloning human organs using the Ovarian eggs of Nigerian women. We must all be alert to stop this national suicide,” Njemanze warned.
Also, the Association of Community Pharmacists of Nigeria, on Thursday expressed concerns over the new regulations for healthcare facilities, saying that the proposed reforms are unnecessary and could be counterproductive.
The ACPN, in a statement by its Chairman and Secretary, Ambrose Ezeh, and Omokhafe Ashore, respectively, argued that the existing NHA 2014, if fully implemented, could effectively address the problem of unregulated and substandard healthcare facilities.
“We share the enthusiasm of the Health Minister to deal with the menace of unregulated and substandard health facilities, but respectfully submit that this must be done in tandem with existing Acts of Parliament and logically the 1999 Constitution,” the statement added.
Speaking further, the ACPN Chairman, Ambrose Ezeh said, “Presently, there are a plethora of health statutes including the NHA 2014 which are not activated for the benefit of consumers of health. The other leg of the menace of substandard health facilities has to do with the extremely wretched funding of the existing regulatory agencies in healthcare.
“Only recently an inexperienced and ill-tempered former Director General of the Budget Office almost destabilised the health sector by removing the 15 professional regulatory councils from the Appropriation Act of the Federal Government.
“It took the intervention of the FMoH to convince the Presidency and National Assembly of the unwholesome consequences of such moves before it was reversed.”
On the Federal Government’s proposal to establish a new health regulatory agency, the pharmacist said it would be wasteful and inefficient.
“The Federal Government must exercise discretion as it cannot continue to approbate and reprobate. In one swoop the Federal Government says it does not have money to cater for existing regulatory councils and in another vein it is contemplating setting up a new National Health Regulatory facility which shall regulate health facilities across the country.”
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