NMA urges govt to constitute medical council to prevent delays in negligence cases

Nigerian Medical Association (NMA) Lagos State Branch has called on President Bola Tinubu to urgently constitute the full membership of the Medical and Dental Council of Nigeria (MDCN).

NMA warned that continued delays could hinder the resolution of medical negligence cases and prolong disciplinary proceedings for health professionals.

The call follows the recommendations of the Medical and Dental Practitioners Investigation Panel on the death of Nkanu Adichie-Esege, the 21-month-old son of author Chimamanda Adichie.

In a statement on Wednesday, signed by its chairman, Saheed Kehinde, the NMA said the council must be fully constituted to allow the Medical and Dental Practitioners Disciplinary Tribunal to function effectively and deliver justice.

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“The recent recommendations of the Medical and Dental Practitioners Investigation Panel on the death of 21-month-old Late Nkanu Adichie-Esege, has brought out the urgent need for the Federal Government of Nigeria to immediately constitute the membership of the MDCN that will constitute the Medical and Dental Practitioners Disciplinary Tribunal for justice not to be delayed on both sides,” the statement said.

The association emphasised that the MDCN remains the primary regulatory body for Nigerians seeking justice in medical negligence cases.

Delays affecting doctors, patients

The NMA Lagos said that until the council is fully constituted, the disciplinary tribunal cannot operate effectively. It said the delay has left many disciplinary cases unresolved and placed mental pressure on practitioners awaiting final rulings.

“The inauguration of the Council will also prevent continuous and endless disciplinary actions meted on medical and dental practitioners and the consequent mental stress, who have been waiting for the Medical and Dental Practitioners Disciplinary Tribunal for the final decisions on the cases,” the association said.

Although a chairman has been appointed, other members of the council have yet to be constituted, the association noted.

Concerns over systemic failures

The NMA warned that the delay reflects broader governance issues in the health sector. It said the failure to appoint members of the council and boards of federal health institutions exposes systemic weaknesses within the Federal Ministry of Health, describing the trend as “dangerous, unacceptable and disappointing.”

The association also criticised media and social media reporting of the Investigation Panel’s findings, noting that premature public discussion could undermine the principle of fair hearing.

“Only the report of the Disciplinary Tribunal gets to the public and not the Investigative Panel,” it said.

Beyond the MDCN, the NMA urged the federal government to constitute the boards of federal health institutions and agencies to strengthen governance in the sector.

“NMA Lagos State calls on President Bola Ahmed Tinubu to urgently constitute the membership of the Council to prevent unnecessary delay of justice in matters bordering on professional negligence,” the statement said.

The association also expressed sympathy with the family of the deceased child.

Case background

21-month-old Nkanu Adichie-Esege died on 7 January after receiving care at Atlantis Paediatric Hospital and Euracare Multi‑Specialist Hospital in Lagos.

The child was initially treated for a mild illness at Atlantis Paediatric Hospital, which later worsened. Plans were made to transfer him abroad for further treatment, and he was referred to Euracare for diagnostic and preparatory procedures, including a brain MRI.

Complications reportedly arose after sedation, and the child later developed serious medical distress and died. His parents alleged medical negligence and filed a formal complaint with the MDCN on 16 January.

The council set up the Medical and Dental Practitioners Investigation Panel to review the case. At the end of its 25th session in Abuja on 17–18 February, the panel established a prima facie case of medical negligence against three doctors: the medical director of Euracare, its anaesthesiologist, and the chief medical director of Atlantis Paediatric Hospital.

The panel also found professional misconduct involving 10 other practitioners at Atlantis Paediatric Hospital. The three doctors were suspended pending full disciplinary proceedings before the Medical and Dental Practitioners Disciplinary Tribunal.

The council noted that the panel’s findings are preliminary and do not constitute a final determination of liability, as the affected doctors are entitled to defend themselves before the tribunal.

Reconstitution of council

The renewed call by the NMA also come amid longstanding concerns about the absence of a fully constituted governing council for the MDCN, the statutory body responsible for regulating medical and dental practice in Nigeria.

The previous governing council reportedly completed its tenure in 2020, leaving the regulatory body without a fully constituted board for several years.

Experts and patient-rights advocates have repeatedly urged the federal government to reconstitute the council to ensure proper regulation of the health sector. They warned that the prolonged vacancy could weaken oversight of medical practice and delay disciplinary proceedings involving doctors and dentists.

The National Postgraduate Medical College of Nigeria also warned that the prolonged absence of the MDCN board could negatively affect standards in medical training and practice, stressing that the council’s statutory functions are essential for maintaining discipline and quality in the profession.

The MDCN is responsible for licensing medical practitioners, setting standards for medical education and training, and investigating allegations of professional misconduct.