TOWARDS A LEGAL REGIMEN FOR THE TRANSPLANTATION OF HUMAN ORGANS IN NIGERIA. Prologue The inaugural lecture, I have been made to understand by my seniors in academics, marks the full blooming of the Professor. During the lecture, the whole world is informed of the arrival of the new Professor who also proposes a toast in about one hour or thereabout to the town and gown professing his views on his chosen topic. My own case is slightly different. By no means can a Professor of eleven years be regarded as new. After my elevation to that esteemed rank, the zeal to present my inaugural lecture was dampened by the long queue of colleagues who were not ready to present theirs and I could not present before them by the ethics of the ivory tower. That zeal was totally extinguished in 2005 when I lost my father and the anticipated euphoria fizzled away. I looked forward to his presence at the ceremony because he was as constant as the Northern Star in my life and stood with me spiritually and physically like the rock of Gibraltar in all my areas of endeavour. Traditions on the inaugural lecture vary. In some universities, in Europe particularly, the lecture is delivered on a round table to fellow Professors, some academic juniors and the population of invitees is much less than what we have here today. In the African culture the achiever does not celebrate alone. Just as forlorn occasions are shared with neighbours and friends, so are joyful moments shared with friends, and all. It is part of this tradition that we are fulfilling today. I pray that celebrations of joy shall never cease in our households in Jesus’ name. I had the opportunity of reading the following words at a Barrister’s cenotaph in London; “Here lieth a lawyer, when he lieth no more, he lieth”. The meaning of this is that the person interned in the tomb at that cenotaph was a lawyer. When he could not tell lies again, he simply lied down. Well, that lawyer lies there and perpetually too. Our clergymen here present may contact me in case they can raise him from the dead. This epilogue on the cenotaph represents the view of people generally on lawyers. I decided to veer a little from the complete umbra of law in coming to the title for today so that you may be convinced that lawyers contribute to social engineering and scientific development.
aetiology and control of diseases coupled with the increasing success of surgical techniques with the discovery of antibiotics have helped to create the anticipation of long and healthy life to human beings. In concluding his views on this matter, Pyke-Lees noted that for the reasons given above, there emerged a new climate of thinking attitudes towards the medical profession. In his view, while on the one hand doctors were seen to be heroic miracle workers, on the other hand, their practice failures were regarded with the vengeful savagery of those whose high expectations had been betrayed. The effect of all these was a new emphasis on discipline within the medical profession. Needless to say, it is imperative to have guides and some minimum benchmark in the practice of medicine and the swiftly emerging issue of transplantation of organs which usually have effects on the life of the individual. This is even more important in cases of transplantation of organs which may assist in prolonging the life of the patient particularly in cases of end stage medical situations. Medical practice in Nigeria is guided by the Medical and Dental Council of Nigeria. As the name implies, this Council also has charge over dental practice. It is a creation of the Medical and Dental Practitioners Act. Cap M8 Laws of the Federation of Nigeria 2004. The Act establishes the Medical and Dental Council of Nigeria for the registration of medical practitioners and dental surgeons and provides for Disciplinary Tribunal for the discipline of members. One of the statutory functions of the Council as contained in section 1(2)(c) of the Act is to ‘review and prepare from time to time a statement as to the code of conduct which the council considers desirable for the practice of the professions (medicine and dentistry) in Nigeria’. This document serves as an information source for medical practice, teaching and in fact legal advice to patients and medical practitioners. The underpinning of the document is the expectations of the public, government and the medical profession from the medical practitioner. It also provides the disciplinary procedures in cases of breach of medical ethics. Rule 6 of the Code of Medical Practice in Nigeria provides the legal basis for medical and dental practice. That code states that: ‘Any person who practices medicine or dentistry anywhere in Nigeria without being appropriately registered with the council