The Lagos State High Court in Ikeja on Monday struck down
the policy that spouses of pregnant women seeking antenatal care in Lagos
public hospitals must compulsorily make blood donation before their pregnant
wives could be registered for antenatal care.
The court, in a judgment by Justice Raliat Adebiyi, declared the practice as
“arbitrary, unfair and a violation of human rights as enshrined in Section
38(1) of the 1999 Constitution.”
Striking down the policy, which had been in existence for years, Justice
Adebiyi described it as unconscionable, saying it was “adverse to the life and
well-being of all citizens that access the respondent’s facilities.”
The judge’s pronouncement on Monday followed a fundamental human rights suit
filed by an advocacy group, Socio-Economic Rights and Accountability Project,
which said it had been inundated with complaints by residents about the state
hospital policy of compulsory blood donation by spouses of pregnant women
seeking antenatal care.
SERAP had, in the suit, contended that the compulsory blood donation policy was
contrary to Section 33 of the 1999 Constitution, which guarantees the right of
Nigerians to life.
Agreeing with the group in her judgment on Monday, Justice Adebiyi held that
the actions of the hospitals and facilities were violations of the rights of
residents of Lagos to a system of health protection.
She said, “The respondents are hereby ordered to forthwith stop or discontinue
the policy of insisting on compulsory blood donations from patients or
relatives of those seeking medical care and attention before accessing antenatal,
maternal or any health services in the facilities of the respondents.”
Joined as respondents in the suit were the Attorney General of Lagos State,
Lagos State Ministry of Health and the Commissioner for Health, Lagos State.