The jailing of Senator Ike Ekweremadu in the United Kingdom for an organ-trafficking plot underscored the need for Nigeria to strengthen its laws around tissue transplantation and human organ harvesting. Such legislation has come into force in Lagos State. Deputy News Editor JOSEPH JIBUEZE highlights its provisions as well as other public interest laws assented to by Governor Babajide Sanwo-Olu
When Senator Ike Ekweremadu was convicted in the United Kingdom for an organ trafficking plot, many wondered if that could have been possible in Nigeria.
The Senator, his wife and their “middleman” were jailed in May last year after bringing a man to the UK from Lagos.
Ekweremadu was sentenced to nine years and eight months in prison.
Their victim, a poor street trader in Lagos, was brought to the UK to provide a kidney for the Ekweremadus’ 25-year-old daughter Sonia.
He fled in fear for his life and walked into a police station to report what had happened after the Royal Free Hospital called a halt to the private £80,000 procedure.
The likelihood is that the Senator would have gotten away with it in Nigeria.
With increasing reports of illicit organ trade and unethical medical practices, there is a need for national legislation that establishes a legal framework to regulate organ harvesting and tissue transplantation.
Such a piece of legislation has come into force in Lagos State: the Human Organ Harvesting and Tissue Transplantation Law.
Governor Babajide Sanwo-Olu also assented to the Consumer Protection Agency Law, Enforcement Training Institute Law, Victims Assistance and Witness Protection Law and the Fire and Rescue Service Law.
The Human Organ Harvesting and Tissue Transplantation Law is designed to prevent illegal activities related to the trafficking of human organs and tissue.
It promotes ethical medical practices by ensuring that all such procedures are conducted with proper consent and oversight. The law aims to protect individuals from being coerced or exploited while ensuring that the medical community upholds the highest standards of ethics.
Highlights
Section 2 of the law states the objectives include preventing illicit trading in human organ harvest and ensuring that standard medical procedures are followed in human organ harvest and transplantation in the state.
Section 3 proposes to establish the Human Organ Harvest and Transplantation Department, which shall be a body corporate with perpetual succession and have the power to sue and be sued in its corporate name.
Section 4 vests the agency with powers to ensure that before commencing any activity of human organ harvest and transplant, the facility must be duly registered.
The agency also set standards to regulate both public and private facilities in collaboration with relevant agencies such as the Health Facilities Monitoring and Accreditation Agency (HEFAMAA).
The aim is to regulate the activities of hospitals, whether public or private and medical practitioners, engaged in organ harvest and transplantation through certification and monitoring to ensure strict compliance with the provisions of the Law and other applicable laws or regulations on the subject matter.
Section 21 of the law provides for an Authorisation Committee with the following functions:
•To approve or reject applications for organ harvest and transplant;
•Authorise the agency and hospitals certified to carry out organ harvest or transplantation on approved patients;
•Review and monitor medical procedures for organ harvest, transplantation and treatment processes of patients.
Section 25 provides for the registration of transplant biobanks and regulation of hospitals conducting the removal, storage or transplantation of human organs.
Under this section, biobanks are required to be registered with the agency.
Under Section 30, a medical practitioner or any person shall not conduct or cause to be conducted any activity relating to any human organ transplantation without being registered.
Section 27 provides for certification of health care facility/organisation engaged in harvest storage.
All healthcare facilities shall not commence any activity relating to harvest, storage or transplantation of any human organ or tissue unless duly certified by the agency, which certification shall not be done without a qualified medical doctor in that specialisation.
By the provisions of Section 28, the agency can grant permits and suspend/cancel permits, which are subject to such terms and conditions as may be prescribed.
Dead donors, minors, mentally challenged persons
Section 35 spells out the procedure in case of a dead donor.
The law provides for the next of kin or guardian of a deceased person to give consent for the harvest of any organ from the body for transplantation to a living person.
The exception to this is if the deceased person had registered an objection against the removal of his organs with the agency.
Section 45 provides for restriction on the removal of organs from a minor or mentally challenged person.
It prohibits the removal of organs in certain cases and against advertisements for the sale or purchase of organs and restricts the removal of a minor’s organs.
The organ of a minor can only be harvested under the following conditions:
•The minor must agree to the donation without coercion or inducement and understand the nature and consequence of the donation.
•Only regenerated organs or issues are to be donated;
•The donation must pose minimal risk to the minor;
•All adult members of the immediate family of the recipient have been eliminated for medical or other reasons as donors.
The consent of a guardian on behalf of a minor is subject to the approval of the Commissioner on the recommendation of the authorisation committee.
Section 50 provides for the prohibition of advertisements relating to the buying or selling of any organs, tissue or blood from the body of a person.
Penalties
The section provides a penalty of N5million or a term not exceeding 10 years custodial sentence or both.
Under Section 57 (1) to (10), offences are categorised from 10 to 20 years, imposition of a custodial sentence and fines from N5milllion to N10million.
Section 58 provides for disclosure of information: ‘A person shall not disclose to any person any information or document relating to the identity of any person whose body and organ has been, is being or may be removed for the purpose of transplantation.’
Need for national legislation
A leading medicolegal consultant, Otunba Laolu Osanyin, stressed the need for national legislation on organ harvesting and tissue transplantation.
He told The Nation: “A national legislation is required as unscrupulous persons will simply make the transplantations in neighbouring states where the Lagos State legislation has no jurisdiction over.
“We have seen this practice empirically done in relation to Lagos State Regulations in Assisted Reproductive Technology, where unscrupulous individuals market their services in Lagos but the procedures are done in border towns outside Lagos.”
To him, these kinds of health services should not be state-bound.
Lagos Consumer Protection Agency Law
Attorney-General and Commissioner for Justice Lawal Pedro (SAN), at a briefing on the laws, said the Lagos Consumer Protection Agency Law signifies a leap forward in enhancing consumer rights in the state.
“As Lagos continues to be a hub of commerce, business, and trade, it is imperative that the interests of our residents are safeguarded.
“This law establishes the Lagos State Consumer Protection Agency, an autonomous body charged with investigating unfair trade practices, consumer fraud, substandard products, and deceptive practices.
“By providing Lagosians with an avenue for redress, this law empowers consumers to demand accountability from businesses.
“It also mandates strict enforcement of consumer rights, ensuring that Lagos residents are protected from exploitation and harm in their transactions,” he said.
Pedro said the agency’s powers and responsibilities have been strengthened to curb unfair trading by manufacturers of goods and service providers.
A new provision in Section 32, Pedro said, will ensure that interviews conducted during investigations are recorded with the knowledge of the parties concerned and used as appropriate.
“The new insertion is vital so that the process is not subject to abuse by the agency. Also, the session being recorded may be used as evidence during prosecution,” he said.
Section 41 empowers the agency not just to enter, search and seize, but also to seal with tape or mark any hazardous product found on the premises.
After the inspection, the agency may permanently seal up the premises by court order due to non-compliance with the provisions of the law.
For instance, in subsections (3), and (6), a 48-hour notice is given to the owner of the premises to remove and destroy the hazardous products while in Subsection (6), the aggrieved person can appeal against the court order.
Pedro said: “This power allows the agency to clamp down on anyone selling expired, defective or hazardous products, or offering substandard services to protect and promote the rights of consumers in the State.
“The consuming public will therefore be protected by this section.
“This section will also reduce or eliminate the rate at which expired and substandard products, as well as services, are being offered to unsuspecting members of the public.”
Offences and penalties
Section 60 categorises all the offences under the law and is expected to curb the unscrupulous acts of manufacturers or retailers of goods, especially products sold online without consumer information.
Under Section 60(4), a person or company who commits an offence for which no provision is made for fines and penalties shall be liable on conviction to -(a) a maximum fine of N5million or for a term not exceeding three years non-custodial sentence; or (b) fine and non-custodial sentence.
Section 60(7) provides: “A person or enterprise that contravenes the provisions relating to (a) prohibited agreements, (b) trade agreements (c) prohibited trade practices and (d) prohibition of unfair trading commits an offence and is liable on conviction to a fine not less than N5million or an amount equivalent to the financial benefit.”
Pedro explained: “Stricter punitive measures have been inserted for defaulters.
“A first offender may be convicted to a fine of not less than N500,000 or a term of custodial sentence not less than six months, or fine and custodial sentence or fine and one-year non-custodial sentence.
“Subsequent offenders on conviction receive stricter penalties under Section 60(1)(j)(ii).
“This section imposes a fine of N750,000, or a term not exceeding one-year non-custodial sentence or fine and non-custodial sentence.
“These penalties will ensure that the complainants are not only adequately represented by the Agency but are also adequately compensated.”
Lagos State Enforcement Training Institute Law
The Lagos State Enforcement Training Institute Law seeks to professionalise the law enforcement sector.
“With the growing complexity of law enforcement duties in a dynamic urban environment like Lagos, it is essential that our enforcement officers receive continuous, specialised training to improve their skills and enhance their capacity to serve the public.
“This law establishes the Lagos State Enforcement Training Institute, which provides a comprehensive curriculum for law enforcement officers across the state.
“It also aims to equip them with the knowledge, tools, and ethical standards required to carry out their duties effectively and fairly, promoting a more transparent and accountable law enforcement system,” Pedro said.
The law mandates every law enforcement officer engaged in the State Public Service to participate in training programme(s) organised by the Institute as it will form part of the criteria to be considered for the confirmation of employment and continuing education.
Victims Assistance and Witness Protection Law
The Victims Assistance and Witness Protection Law ensures that those who suffer from crimes and those who come forward to testify in court are not left vulnerable.
Pedro said: “This law is a crucial safeguard for victims and witnesses, providing them with essential protection and support during and after criminal proceedings.
“Through this legislation, the state offers various forms of assistance, such as relocation, legal aid, and psychological support, to help individuals navigate the often difficult and dangerous aftermath of their involvement in criminal cases.
“By protecting witnesses and victims, we create a safer environment for all, encouraging greater cooperation within the criminal justice system and ensuring that perpetrators are brought to justice.”
Section 3 provides for the Establishment of the Lagos State Victim Assistance and Witness Protection Agency.
It is charged with enforcing the rights and entitlements of victims and witnesses and providing a mechanism to promote, protect and enforce such rights and entitlements.
Section 50 (1) to (4) mandates hospitals or medical facilities to give immediate medical attention to certain victims in cases of emergencies and get reimbursed for the cost of treatment in situations where the victim is indigent or the family members cannot be reached.
The penalty for any facility not complying with the section is a fine not exceeding N1million and if the victim dies due to inability to treat the victim or negligence on the part of the health officer, the health officer shall be duly prosecuted for the death of the victim.
This provision is to protect victims of violent crimes who have been injured due to attacks on their persons and are therefore in need of urgent medical emergency attention.
Section 25 empowers the agency to set up the Victim Assistance and Witness Protection Programme, and to take appropriate and effective measures to assist and protect victims and witnesses from potential or existing threats, harm, reprisals, retaliations and intimidations.
Section 65 establishes the Victim Assistance and Witness Protection Trust Fund to be managed by the agency and from which compensations to victims and other incidental expenses would be defrayed.
The Fund would provide some form of compensation or protection to victims and witnesses in need of such compensation or protection.
Lagos State Fire and Rescue Service Law
The Lagos State Fire and Rescue Service Law reorganises and strengthens the state’s fire and rescue services, making them more responsive and effective in protecting lives and property.
According to Pedro, the law seeks to adequately empower and expand the scope of the Fire Service, as well as transform it into a world-class safety and rescue organisation which will be responsible for the protection of residents from fire incidents and community disasters.
It seeks to reposition the Fire Service and equip it to adequately address the issue of frequent occurrence of fire hazards and natural or man-made disasters within the State.
It repeals the Fire Service Law, 2015 and addresses the lacunas and inadequacies by providing the prescription of fire safety requirements for buildings, cars and oil and gas facilities, as well as providing a clear fire prevention regime.
The Law contains 81 sections and outlines the fire safety precaution regime to be adopted in the state.
Sections 2-4 of the Law establish the Lagos State Fire and Rescue Service, and set out its objectives and functions some of which are:
• Providing fire fighting and rescue services, use any equipment maintained by the Service for the prevention, extinguishment and control of fire or natural disasters and other humanitarian emergencies;
• Ensuring that reasonable steps are taken to prevent or mitigate damage to property resulting from fire incidents;
• Promoting a culture of safety in the State through public education on fire prevention and emergency preparedness;
• Providing for fire safety codes to be followed by all persons, including entities operating within the State;
• Providing and maintaining fire alarms in such positions in any street or public place as deemed proper, and affixing any such fire alarm to any wall or fence adjoining a street or public place;
• Ensuring that high-rise buildings, petrol stations and other public places install water ring mains, and fire and water hydrants in their premises;
• Offering rescue and evacuation services to those trapped by fire or in other emergencies; prohibiting and controlling the use of materials classified as fire hazards in the erection, alteration, improvement or repair of any building or other structure in conjunction with appropriate agencies and stakeholders;
• Jointly carrying out with the Lagos State Safety Commission, risk assessment and fire investigation in public and private places considered to be a potential risk to human lives and property.
Section 5 establishes the Lagos State Fire Service Governing Board, which Pedrl said is crucial in repositioning the Service for effective service delivery.
The Board, which will be composed of knowledgeable and experienced persons in the field of fire, safety and disaster management, is empowered to provide policy direction to the Service.
Section 25 makes provision for the Fire Service, in collaboration with the Lagos Water Corporation, to take all reasonable measures to ensure there is an adequate supply of water available for use in case of fire outbreaks and other related incidents.
The Service is also to provide alternative water supply such as industrial boreholes for the supply of water for fire-fighting operations in each fire station and any other designated area while all factories and commercial places are to make provision for fire hydrant within their premises.
Section 27 makes it mandatory for owners of buildings above 15 metres in height, whether existing or to be erected, and are likely to be used for a purpose such as medical or treatment of other persons suffering from physical or mental illness, diseases or infirmity, case of infants, convalescents or aged persons or for penal or correctional detention in which the liberty of inmates is restricted, shop, market, sleeping accommodation, hotel etc to obtain permission from the Service to the effect that safety from fire is reasonably attainable, practical and can be achieved.
Sections 28-30 empower the Fire Service to issue certificates to any premises which is intended to be put to any class of use as may be prescribed in the Regulations.
The Law makes it an offence for any person to put a building to a class of use without the requisite certificate as set out in the Regulations.
Section 33 mandates a developer employed for building construction sites to ensure that the building is designed and constructed with standard fire prevention, detection and alarm devices acceptable to the Service.
Section 34 provides for authorised officials of the Service to inspect any building, including a building under construction in the state if such inspection appears necessary to ascertain the adequacy of fire prevention and fire safety measures in such building.
Section 35 provides for the rights of officials of the Service who are on duty or any officials of the State or other fire authority or fire-fighting unit who is acting within the state to enter, and if necessary, break into, any building or place in which a fire has or is reasonably believed to have broken out.
Section 37 vests in the Service the power to arrange with other State Government’s Fire Authorities and persons outside Lagos State to assist in dealing with fires or other emergencies that may occur outside the state, subject to the approval of the governor.
Section 40 makes provisions for authorised Service officers to carry out fire investigations upon land or premises without a warrant to ascertain the cause, origin, and circumstances of the fire or provide for fire safety or fire prevention measures.
Section 41 deals with the powers of firemen and police in extinguishing fire and provides that in the absence of a police officer or other law enforcement agent, the most senior officer of the Fire Service present is empowered to close traffic to any street or thoroughfare, stop or regulate the traffic, or remove any person, including the owner or occupier of the property on fire, or adjacent or neighbouring property, from the said street or thoroughfare if it is necessary or desirable to do so for fire-fighting purposes.
Similarly, Section 41(6) provides that all persons and vehicles using any street or thoroughfare must yield the right of way to fire engines and other mobile fire-fighting equipment proceeding to a fire and operating any prescribed signal audible or visual; and police officers, if present, are to give such necessary assistance.
Section 42 empowers officers of the Service to carry out a risk assessment in industries, commercial establishments or any other place deemed to be a potential risk to human lives and property.
Section 43 authorises the Service to collect annual charges at the prescribed rates for services rendered by the Service, other than for extinguishing fires and rescue operations.
Section 45 mandates owners or occupies of buildings (existing or under construction) within the state to insure the building against liability for loss or damage to property or bodily injury or death caused by fire and related emergencies in accordance with the provisions of the Insurance Act, Cap. 117, Laws of the Federation of Nigeria 2011.
Section 46 provides that authorised officers of the Service shall carry out an inspection of land or building used for commercial purposes and recommend the appropriate fire safety requirement to be used on such land or building.
Section 47 makes it mandatory for owners of any vehicle driven within the State to provide the prescribed fire-fighting equipment listed in the Schedule to the Law.
Sections 48-55 deal generally with the mode of seeking approval and obtaining same by owners of oil and gas facilities located within the state to ensure that all necessary precautions are put in place before the construction of the facilities, which will be granted only after an authorised officer has inspected the facility and confirmed it to have been constructed in strict compliance with fire safety requirements.
The Certificate issued under the foregoing sections shall be renewable after five (5) years upon the payment of the prescribed fee.
Sections 56-62 mandate every fire-fighting equipment dealer or consultant, private organisation or company in the State to apply for registration with the Service and be issued with a Certificate of Registration, which shall be renewed every five (5) years upon payment of the prescribed fee.
Section 64 provides for the education of the public by the Service on the need to provide adequate means of escape and safety devices, and protection in vehicles and buildings, including operational and maintenance methods.
Section 68 makes it an offence for any person to deliberately or negligently fail to yield the right of way to a fire engine or other mobile fire-fighting equipment as required by this law.
Such an offender is liable to summary conviction to a fine not exceeding N250,000 or a term not exceeding three months non-custodial sentence or both.
Section 69 also makes it an offence for any person to wilfully give or cause to be given a false alarm of fire to the Service or any officer of the Service. The offender is liable on summary conviction to a fine as stipulated in the Lagos State Emergency Command and Control Centre Law, 2015.
Sections 70-74 contain other sundry offences and their penalties, including interference with fire-fighting equipment, contravention or failure to comply with building regulations, failure to obtain Fire safety or Registration Certificate, failure to register business etc.
Section 75 outlines the general offences and penalties.
The section makes tampering with a device intended to enable escape from fire, providing false or misleading information relevant to an inspection or investigation, and hindering or obstructing a fire official, among others, an offence.
The punishment on conviction for an individual is a maximum fine of N250,000 or a maximum term of six months custodial sentence or both, except where the offence was knowingly committed and results in damage to a person’s health or a catastrophic impact on the community, in which case, the individual is liable to a maximum fine of N2million or a maximum term of two years custodial sentence or both.
Where the offence results in a person’s death, the individual shall be prosecuted under the Criminal Law of Lagos State.
In addition, a daily fine not exceeding N20,000 will be imposed for each additional day the offence continues.
The punishment upon conviction for a company is a maximum fine of N500,000, except where the offence was knowingly committed and results in damage to a person’s health or a catastrophic impact on the community, in which case, the penalty is a maximum fine of N5million.
Where the offence results in a person’s death, the relevant officer of the company shall be prosecuted under the Criminal Law of Lagos State.
In addition, a daily fine not exceeding N50,000 will be imposed for each additional day the offence continues.
The punishment on conviction for an officer, director, manager or agent of a company who authorises or participates in the commission of an offence is a maximum fine of N250,000 or a maximum term of one-year custodial sentence or both, except where the offence was knowingly committed and results in the damage to a person’s health or a catastrophic impact on the community, in which case, the penalty is a maximum fine of N3mllion or a maximum term of two years custodial sentence or both.
Where the offence results in a person’s death, the relevant officer of the company shall be prosecuted under the Criminal Law of Lagos State.
In the case of offences by companies, Section 76 provides that any person who at the time of the offence was a top management officer of the company shall be deemed liable for the offence except if proven that the offence was committed without the person’s knowledge, or such person exercised all due diligence to prevent the commission of the offence.
Section 79 empowers the State Fire Controller to make regulations for carrying into effect the provisions of this Law.
Section 80 provides that the Law shall be cited as the Lagos State Fire and Rescue Service Law.
Pedro said: “The recently signed laws cover some critical areas of public welfare, human rights, safety, and environmental sustainability.
“These Laws have been thoughtfully designed to tackle some of the most pressing issues facing our state while paving the way for a more just, secure, and prosperous future for all residents of Lagos.
“These new laws reflect our commitment to progress, security, and justice in Lagos State.
“As we move forward, these laws will provide a strong foundation for the continued growth and development of our state, ensuring that Lagos remains a vibrant, fair, and thriving metropolis.
“Our shared responsibility is to ensure that these laws are upheld and that the benefits they provide reach every corner of our state.
“These laws are not just milestones in our legislative efforts, but they also represent our firm commitment to ensuring that Lagos remains a beacon of progress, justice, and opportunity in Nigeria.
“As a government, our priorities have always been to address the immediate needs of our citizens, protect their rights, and ensure their safety, health, and prosperity.
“I commend the Lagos State House of Assembly under the able leadership of the speaking Speaker Rt. Hon. Mudashiru Ajayi Obasa for his cooperation in passing the Laws.
“I urge all residents of Lagos to familiarise themselves with these laws and to actively engage in their enforcement.”
