3rd March, 2020
Justice Raliat Adebiyi of the Lagos High Court on Monday stopped the Lagos State Government from demanding compulsory blood donation from those seeking medical attention, including maternity services.
The judge held that such practice is arbitrary, unfair and a violation of their human rights, including the rights to life and to equal opportunity for everyone within the health system.
The suit was filed by the Socio-Economic Rights and Accountability Project (SERAP).
In line with the judgment, SERAP has sent an open to the Lagos State Governor, Babajide Sanwo-Olu urging him to use his leadership position to “instruct the Commissioner for Health, Professor Akin Abayomi to immediately, fully and effectively enforce the judgment stopping all Lagos hospitals and health facilities from demanding compulsory blood donations from any patients or their relatives as precondition for medical attention either in antenatal and maternal or any other health services.”
In the letter dated 3 March, 2020 and signed by SERAP deputy director Kolawole Oluwadare, the organization said: “The enforcement of the judgment will be a special moment for the implementation of the government’s strategies towards achieving the Sustainable Development Goals (SDGs), as it will improve the chances of everyone including women during and after childbirth, and ensure quality health services, which will contribute to the promotion of these goals.”
SERAP said: “As Justice Adebiyi stated in her judgment, your enforcement of the judgment will be consistent with Section 33 of Nigerian Constitution of 1999 (as amended), which guarantees the right to life; and articles 2(a),3 and 12(1) of the International Convention on Economic Social and Cultural Rights, which requires the health system including in Lagos State to provide equal opportunity for everyone. Nigeria has ratified the covenant.”
The letter read, in part: “The enforcement of the judgment will also show Lagos State as a champion of the SDGs and be entirely consistent with international standards and best practices, including those developed by the World Health Organization (WHO), which recognize that the safest blood donors are voluntary, non-remunerated blood donors. The WHO has in fact recommended that no coercion should be brought to bear upon the donor to donate.”
“The effective enforcement of the judgment will also improve maternal health, comply with WHO’s policy to improve the availability and use of safe blood to save the lives of women during and after childbirth, as well as ensure universal access to safe blood transfusion particularly for patients that are vulnerable to blood shortages and to HIV, hepatitis B and hepatitis C infections, in support of the SDGs.”
“The judgment in suit number ID/2759GCM/2018 also ordered the Lagos State Government to immediately stop and discontinue the policy of insisting on compulsory blood donations from patients or relatives of those seeking medical care and attention before accessing ante-natal, maternal or any health services in all public hospitals and health facilities in Lagos State.”
“We hope that the aspects highlighted will help guide your actions in instructing Professor Abayomi to enforce and implement the judgment by Justice Adebiyi’s judgment.”
“We look forward to working with you, Professor Abayomi and the Lagos State Ministry of Health in the efforts to enforce and implement the judgment. We would be happy to provide further information or to discuss any of these issues in more detail with you.”