Kathmandu School of Law Review

P-ISSN : 2091-2110, E-ISSN : 2773-8159, DOI : 10.46985, Publisher : Kathmandu School of Law, Nepal
Annual flagship journal of Kathmandu School of Law, Nepal

Volume 4, Issue 1, 2014
Articles

A Legal Perspective of the Regulatory Framework for Trado-Medical Practice in Nigeria

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  • Eric Ayemere
    ,
  • Lucky Ehimen Enakemere
Eric Ayemere
LLB, BL, LLM and PhD (Law), Senior Lecturer and Head of Department, Department of Business Law, Faculty of Law, University of Benin, Benin City
Bio
Lucky Ehimen Enakemere
LL.B and BL, A Benin Based Legal Practitioner
Bio

Published 2014-04-30

Keywords

  • No Keywords.

How to Cite

Ayemere, E. ., & Enakemere, L. E. . (2014). A Legal Perspective of the Regulatory Framework for Trado-Medical Practice in Nigeria. Kathmandu School of Law Review, 4(1), 79–107. Retrieved from https://kslreview.org/index.php/kslr/article/view/188

Abstract

The authors are of the view that based on the good services provided by genuine trado-medical practitioners; this form of healing art should be encouraged under a strict regulatory regime in order to avoid the dangers prevalent where there is a lack of effective regulations. The article analyses the legal and institutional framework of trado-medical practice in Nigeria and examines the constitutionality of the extant National and some States legal regime if any and its impact in effectively and positively facilitating tradomedical practice in Nigeria. This article also contends that presently, there is no comprehensive regulation due to the absence of specific National legislations on the trado-medical practice. Governments all over the world are increasingly embracing and recognizing Trado-medical practice which been propelled by the fact that many diseases which have prove resistant to orthodox medicine requires attention from alternative therapy. The challenge of adopting trado-medical practice into the mainstream health care sector is that it is not backed with a specific legislation regulating its practice and practitioners. This paper finally conclude that unless there is an urgent and positive change in the attitude of Government coupled with a vigorous political will to strengthen the present legal and institutional framework, patronage of traditional medicine in Nigeria will not be guaranteed as to the safety of the patient and trado-medical practice which is rooted in our culture and heritage will be lost.

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References

  1. WHO, Traditional Medicine and its role in the development of health services in Africa, 2006, Doc. no. FR/RC26/TD/1; Section 2 of the Delta State Traditional Board Edictfurther defines TM to include prescription, treatment, concoction or and drugs indigenous to the Nigerian Traditional Society intended for curing or preventing disease or any form of ill health and a traditional medicine practitioner to mean a provider or purveyor of traditional medicine and includes herbalists, bone setters, traditional birth attendants and midwives, healers, of psychological and allied illness, traditional surgery herbal healers and every other person whose beneficial practices fall within traditional medicine practice. See also Ibodje v. Delta State Traditional Medicine Board, Nigeria, (2011) 1 DLR 11, the dictum of Makwe J.
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  3. The Constitution of the Federal Republic of Nigeria, Nigeria, 1999 (as amended) (hereinafter the 1999 Constitution).
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  7. The President’s assent to the bill to become an Act is being awaited.
  8. Section 1 (1) (a) –(e) provides that ‘there shall be established for the Federation the National Health System which provide a framework for standards and regulations of health service which shall encompass public and private providers of health services, promote a spirit of cooperation and shared responsibility among all providers of health services in the Federation and any part thereof, provide for persons living in Nigeria the best possible health services within the limits of available resources, set out the rights and duties of health care providers, health care workers, health management and users and protect, promote and fulfill the rights of the Nigerian people to have access to health care services’. Section 1(2) (a) –(h) further provides that the National Health System shall comprised of the following; the Federal Ministry of Health, State Ministries of Health and the Federal Capital Territory, Parastatals under the Federal and State Ministries of Health, Local Government Health Authorities, Ward Health Committees, Village Health Committees, private health care providers and traditional and alternative health care providers. National Health Bill (n 7).
  9. Section 2 (1) (a) –(m) of the Bill provides that the Federal Ministry of Health shall ensure the development of a National health policy and issue guidelines for its implementation, ensure the implementation of the National health policy, collaborate with National health departments in other countries and international agencies, promote adherence to norms and standards for the training of human resources for health, ensure the continuous monitoring, evaluation and analysis of health status and performance of the functions of all aspects of the National Health System, co-ordinate health and medical services delivery during national disasters, participate in inter-sectoral and inter-ministerial collaboration, conduct and facilitate health systems research in the planning evaluation and management ofhealth services, ensure and promote the provision of quarantine and port health services, determine the minimum requirement to monitor the status and use of the resources, promote the availability of good quality, safe and affordable essential drugs, medical commodities, hygienic food and water and issue guidelines and ensure the continuous monitoring, analysis and good use of drugs and poisons including medicines and medical devices. Ibid.
  10. Ibid, section. 6.
  11. National Health Bill(n 7), section 1(2)(h).
  12. See generally of the Bill functions of the Committee. Ibid, section 33(1) – (7).
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  14. Ibid, section 2 (3).
  15. An Act to Establish the Complementary and Alternative Medical Council of Nigeria to Promote the Growth and Regulate the Practice of Alternative Medicine, and for the Other Matters Connected therewith Bill, Nigeria, section 4(i) (a) –(z) (herein after Complementary and Alternative Medicine) available at http://www.nassnig.org/nass2/legislation.php?id=1433, accessed on 25 October 2014.
  16. Complimentary and Alternative Medical Council of Nigeria Bill(n 17).
  17. Ibid, section 14.
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  19. Complimentary and Alternative Medical Council of Nigeria Bill(n 17), section 4 (1) (a).
  20. Ibid, section 4 (1) (b).
  21. Ibid, section 4 (1) (c).
  22. Ibid, section 4 (1) (d).
  23. Ibid, section 4 (1) (e).
  24. Ibid, section 4 (1) (f).
  25. Complementary and Alternative Medical Council of Nigeria Bill(n 17), section 4 (1) (g).
  26. Ibid, section 4 (1) (h).
  27. Ibid, section 4 (1) (i).
  28. Ibid, section 4 (1) (j).
  29. Ibid, section 4 (1) (k).
  30. Ibid, section 4 (1) (l).
  31. Ibid, section 4 (1) (m).
  32. Ibid, section 4 (1) (n).
  33. Ibid, section 4 (1) (o).
  34. Ibid, section 2 (a).
  35. Ibid, section 2 (b).
  36. Ibid, section 2 (c).
  37. Ibid, section 2 (d).
  38. Ibid, section 2 (e).
  39. Ibid, section 2 (f).
  40. Complementary and Alternative Medical Council of Nigeria Bill (n 17).
  41. Ibid,section 3(2).
  42. An Act to establish the National Agency for Food and Drug Administration, 1993, Nigeria, NAFDAC ACT CAP N1 LFN 2004, section 14(3).
  43. See generally An Act to establish the National Agency for Food and Drug Administration (n 44), See section 5 (a) – (t).
  44. The guidelines has as its main thrust and focus, the need to ensure quality and safety of herbal medicinal products which include large scale manufactured products, imported herbal medicinal products, homeopathic medicinal products. ‘The Role of NAFDAC’, no. 9, Paxherbals Magazine, 2009 available at http://magazine.paxherbals.net/paxherbal-magazine/issue-9-dec-2008-jan-2009.html, accessed on 16 December 2013.
  45. Section 1(1) of the Act.
  46. For detail, see Standard Organisation of Nigeria Act, 1971, Nigeria, Cap S1 Laws of the Federation 200.
  47. Act no.56 of 197.
  48. Fake Drugs and Unwholesome Processed Food (Miscellaneous Provisions) Act, 1999, Nigeria, section 1.
  49. Bendel State (Applicable in Edo State) Traditional Medicine Board Edict, no. 17 of 1985, Nigeria.
  50. Bendel State (Applicable in Edo State) Traditional Medicine Board Edict(n 51), section 1(a) – (e).
  51. Ibid, section 19.
  52. Delta State Traditional Medicine Board Law, 1985, Nigeria, Cap 45 vol. 2.
  53. Ibid.
  54. Ibid, section 2.
  55. Delta State Traditional Medicine Board Law (n 54), section 8 (a) – (m).
  56. Ibid, Section 12 (a) – (g).
  57. Lagos State Health Sector Reform Law, 2006, Nigeria, section 121(1).
  58. Ibid.
  59. Ibid.
  60. Lagos State Health Sector Reform Law (n 59), section 125(a).
  61. Ibid, section 125 (b).
  62. Ibid, section 125 (c).
  63. Ibid, section 125 (d).
  64. Ibid, section 125 (e).
  65. Ibid, section 125 (f).
  66. Ibid, section 125 (g).
  67. Ibid, section 125 (h).
  68. Lagos State Health Sector Reform Law (n 59), section 125 (i).
  69. Ibid, section 125 (j).
  70. Ibid, section 125 (k).
  71. Ibid, section 126 (a).
  72. Ibid, section 126 (b).
  73. Ibid, section 126 (c).
  74. Ibid, section 126(d).
  75. Ibid, section 126(e).
  76. Ibid, section 126(f).
  77. Ibid,section 126 (g).
  78. Ibid, section 126(h).
  79. Ibid, section 126(i).
  80. Lagos State Health Sector Reform Law (n 59), section 126(j).
  81. Ibid, section 126(k).
  82. Ibid, section 126(l).
  83. Ibid, section 126(m).
  84. Ibid, section 126(n).
  85. Ibid, section 126(o).
  86. Ibid, section 126 (p).
  87. Lagos State Health Sector Reform Law (n 59), sections 138-9.
  88. N Mensa, ‘Traditional Medicine in Ghana: Situation, policies, development and challenges of the 21st Century’, International Congress on Traditional Medicine, Beijing, China, 22–24 April 2000.
  89. K Oppong-Boachie, ‘Strategy for traditional medicine for the African region: the experience of Ghana’, WHO consultative meeting on strategy for traditional medicine for African region, 2001 -2010, Harare, Zimbabwe, 13–15 December 1999.
  90. E. N Mensa (n 90).
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  93. See the NAFDAC Act 2004.