PROLIFERATION OF LEGAL INSTRUMENTS REGULATING ORGAN TRAFFICKING IN NIGERIA: ANY EFFECT? LESSONS FROM INDIA AND SOUTH AFRICA

Abstract

Organ and tissue transplant is a life extending medical procedure that has gained international recognition and acceptance for centuries. Over the years, several medico-legal issues have been identified as emanating from transplant procedures. Such issues include informed consent of the parties involved, compensation of donors for donated organs/ tissues, forced organ harvesting and organ trafficking. Globally, regionally and national levels, several legal instruments have been made to legally regulate organ trafficking particularly. The aim of this paper is to ascertain the effect so far of the existing legal framework for the regulation of organ trafficking in Nigeria, India and South Africa. Looking through the laws of India, South Africa and Nigeria, it is obvious that there are actually laws regulating transplants generally and organ trafficking in particular. There are also regulatory bodies established to see to the actualization and enforcement of the existing transplant laws in the countries reviewed. This paper concludes by recommending that the existing regulatory bodies in the country need to step up to their respective statutory powers and functions. Alternatively, specialized regulation bodies urgently need to be created to effectively give life to the extant laws regulating transplants and also enforce the provisions of the relevant laws.