Organ Sale and Trafficking in Nigeria: What the Law Really Say

Introduction

Organ transplantation is one of the most significant medical breakthroughs of modern times. It involves replacing a failed human organ with a functioning one from a donor, giving the recipient a renewed chance at life. Beyond saving lives, organ donation positively impacts families, communities, and public health.

However, while the demand for organs is rising globally, the availability of willing donors remains very low. This shortage has fueled the growth of the illegal organ trade and trafficking, a multibillion-dollar black market that preys on vulnerable populations—including in Nigeria.

Organ Trafficking: A Hidden Crisis in Nigeria

Organ trafficking occurs when human organs such as kidneys or livers are removed without consent—or under coercion—and sold for transplantation. According to a Global Financial Integrity Report, about 10% of all organ transplants worldwide involve trafficked organs.

In Nigeria, many cases of organ harvesting are misclassified by law enforcement as ritual killings, a practice that masks the real scale of the illegal organ trade. Former NAPTIP Director-General, Julie Okah-Donli, has stressed that organ trafficking is a major but underreported crime in the country.

What Nigerian Law Says About Organ Donation and Sale

Nigeria legally recognizes altruistic organ donation but strictly prohibits organ sale for profit. The legal framework is contained in the National Health Act 2014/2015 and the Trafficking in Persons (Prohibition) Enforcement and Administration Act 2015.

Key Provisions of the Law:

1. National Health Act 2015 (Section 48 & 53)

   • A person may donate an organ only with informed consent.

   • It is illegal to sell or trade human tissue, organs, blood, or body fluids.

   • Donors cannot receive financial rewards except for reimbursement of reasonable costs incurred during donation.

2. Definition of “Tissue” (Section 64, National Health Act)

   • Includes organs, flesh, bone, marrow, skin, glands, or fluids, but excludes blood and gametes.

3. Trafficking in Persons Act 2015 (Section 20)

   • Organ trafficking through force, deception, coercion, or financial inducement is a criminal offence.

   • Penalty: Minimum of 7 years imprisonment and ₦5,000,000 fine.

   • Trafficking minors for organ harvesting carries the same penalty.

Global Comparison

• United Kingdom (Human Tissue Act 2004) and United States (National Organ Transplant Act 1984): Both prohibit financial gain from organ donation.

• Iran: The only country that permits regulated organ sales, where willing donors can sell organs under government supervision.

The rationale behind global prohibitions is to prevent exploitation of the poor and ensure that organ donation remains a voluntary, altruistic act.

Why the Black Market Persists

Despite prohibitions, the organ black market continues to thrive in Nigeria due to:

• The huge gap between demand and supply.

• Poverty and exploitation of vulnerable individuals.

• Weak enforcement and misclassification of cases as ritual killings.

The Way Forward

• Law enforcement agencies must strengthen investigations into suspicious deaths linked to organ harvesting.

• The Nigeria Medical Association (NMA) should raise awareness and help monitor illegal transplant practices.

• Public sensitization and whistleblowing campaigns should be encouraged to expose trafficking syndicates.

• Collaboration with international agencies is key to dismantling organ trafficking networks.

Conclusion

The position of Nigerian law on organ sale and trafficking is clear: organ donation is legal when altruistic, but the sale and trafficking of organs is a serious crime punishable by imprisonment and heavy fines.

Until stronger enforcement and awareness campaigns are implemented, the illegal market will continue exploiting vulnerable Nigerians. A coordinated national strategy is urgently needed to protect lives, uphold human dignity, and ensure ethical organ transplantation in the country.