Reps: Organ donation, transplantation bill passes second reading

The House of Representatives on Wednesday passed for second reading a bill seeking to establish a comprehensive framework for deceased organ and tissue donation and transplantation in Nigeria, while protecting donors, recipients, families and the integrity of the transplantation system.

The proposed private member’s bill, sponsored by the Deputy Speaker, Hon. Benjamin Kalu, and six others, seeks to establish a National Deceased Organ and Tissue Donation Programme in Nigeria.

The bill also seeks to provide for the identification, referral, authorisation, recovery, preservation, allocation and transplantation of organs and tissues from deceased persons; establish the National Organ Donation and Transplantation Authority; provide for the determination of death for the purposes of deceased donation; promote equitable access to transplantation; prohibit organ trafficking, transplant tourism and commercial dealings in human organs and tissues; and address related matters.

Leading the debate on the bill’s general principles, one of its co-sponsors, Hon. Patrick Umoh, noted that organ and tissue donation represented one of medicine’s most profound possibilities: that the end of one person’s life could offer another the chance of renewed life.

He said this possibility carried significant legal, ethical and medical responsibilities, adding that Nigeria’s transplantation system required a clear and coordinated legal framework governing consent, death determination, organ recovery, allocation, transplantation, tissue banking, safety and oversight.

According to him, in the absence of such a framework, vulnerable persons could be exposed to exploitation, while public confidence in organ donation could be undermined.

He said the bill would provide that framework by establishing appropriate regulatory structures, ensuring equitable access, strengthening patient safety and expressly prohibiting the commercialisation and trafficking of human organs and tissues.

He explained that recovered organs would be allocated through a national organ allocation and matching system and the national waiting list. He stressed that allocation could not be based on wealth, political influence or other non-medical considerations, and that inability to pay alone could not disqualify a person from the waiting list.

The lawmaker said: “This bill, which seeks to establish a national framework for deceased organ and tissue donation and transplantation that is ethical, equitable, safe and transparent, while preventing organ trafficking and commercialisation, contains 172 clauses divided into 16 parts and three schedules.

“It creates a nationwide legal and regulatory structure covering the full deceased-donation pathway, from donor identification through to transplantation. It establishes a dedicated National Deceased Donation and Transplantation Authority as the principal national regulator and coordinator, with headquarters in Abuja and progressive zonal structures.

“Donation is voluntary and requires lawful authorisation. The bill expressly rejects presumed consent or opt-out donation. An adult with legal capacity may authorise donation, and a valid first-person authorisation remains effective despite family objection.

“A valid refusal is legally binding and must prevent recovery contrary to that refusal. Donation cannot be the reason for declaring death. Death determination is independent of transplantation, with independent confirmation requirements.

“The bill provides for accreditation, licensing, donor audits, biovigilance, adverse-event reporting, traceability and safety alerts. Organ trafficking, transplant tourism, brokerage and commercial dealings are expressly prohibited and subject to enforcement.

“Donor families are to receive information, counselling and appropriate bereavement, psychological and requested spiritual or religious support. The Authority must publish annual reports and national performance indicators while protecting confidentiality and personal data.”

The bill was subsequently voted on and passed for second reading before being referred to the relevant standing committee for further legislative action.