The relation between law, religion, culture and medical ethics in Nigeria

Abstract

Nigeria consists of over 250 ethnic groups with various customs and values. There are three dominant religions: Christianity, Islam and sundry traditional religions. The religion and cultures of the various peoples control the lives and transactions of the various groups. Nigerian law is based on English common law, customary law and Islam-based Sharia law. Medical ethics came into focus in the early 1960s after independence, when the Medical and Dental Council of Nigeria (MDCN) was set up to regulate the practice of medicine and dentistry. The law that established the Medical and Dental Council was updated in 1990, under the Medical and Dental Practitioners Act, Cap 221, laws of the Federal Republic of Nigeria. Medical ethics in Nigeria is based on the core principles of the Hippocratic oath, and the Nigerian code of medical ethics was revised in 1990 and 2004. However, the core principles remain the same. The law, religion and culture of the Nigerian people seem to be in firm accord with the code of medical ethics as it relates to abortion and euthanasia. The Nigerian penal code regards euthanasia as murder. Abortion, except done in order to save the life of the mother, remains a criminal offence. However, litigations against those who commit abortion are few and far between. This harmony between law, religion, culture and medical ethics, however, does not apply to the medical practices of organ transplantation, assisted conception and its related practices, and limb amputations. This paper discusses in detail the polemics and discordant dynamics of the emerging ethical controversies and proffers suggestions for a way forward, in order to obviate possible ethical conundrums.