Enhancing Patient Autonomy Through the Reform of Informed Consent in Nigerian Healthcare

Abstract

Informed consent is a fundamental principle of medical law and a critical mechanism for safeguarding patient autonomy. However, in Nigeria, its operation often remains more formal than substantive, with persistent gaps in disclosure standards, patient comprehension, and enforcement undermining meaningful autonomous decision-making. This paper examines the adequacy of Nigeria’s legal and regulatory framework governing informed consent and argues that existing protections fall short of contemporary patient-centred standards. Adopting a conceptual and normative approach grounded in autonomy theory and a rights-based framework, the article interrogates informed consent both as a legal doctrine, and as an expression of constitutional values, particularly the rights to dignity and privacy under the Constitution of the Federal Republic of Nigeria, 1999. It analyses the doctrinal foundations of informed consent, assesses the strengths and limitations of Nigeria’s existing regime, including the National Health Act 2014 and professional ethical regulations, and identifies structural and normative impediments to effective consent practices. Drawing on comparative lessons from two jurisdictions- the United Kingdom, and the United States of America, the paper demonstrates the importance of patient-centred disclosure standards, statutory clarity, and stronger accountability mechanisms in strengthening informed consent. It argues that reform should move beyond formal recognition of consent toward a framework that prioritises material risk disclosure, patient understanding, standardised consent procedures, and enforceable safeguards. The paper recommends that enhancing patient autonomy in Nigerian healthcare requires a reorientation of informed consent from a procedural requirement to a substantive legal right supported by coherent reform and effective implementation