A High Court in Lagos has ordered government hospitals in the state to immediately stop demanding compulsory blood donations from women seeking antenatal and maternity services.
The ruling was delivered on Monday by Justice Raliat Adebiyi of the Lagos State High Court sitting in Ikeja.
In her judgment, the court restrained government hospitals from requiring spouses or relatives of pregnant women to donate blood as a condition for accessing antenatal or maternity care.
The case was brought before the court by the Socio-Economic Rights and Accountability Project (SERAP) through a fundamental rights enforcement suit seeking to compel the state authorities to halt the practice.
According to SERAP, the organisation received multiple complaints from residents alleging that some government hospitals in Lagos made blood donation by relatives a compulsory requirement before pregnant women could receive antenatal or maternity services.
The respondents in the suit included the Office of the Attorney-General of Lagos State, the Lagos State Ministry of Health, and the Commissioner for Health, Lagos State.
Justice Adebiyi held that a policy that denies citizens access to medical care because they fail to donate blood is unconstitutional and detrimental to public health.
“The respondents’ contributions to child and maternal deaths stands to reason, although no data on the child and maternal mortalities recorded as a result of the policy was provided to the court,” the judge stated.
She further ruled that insisting on compulsory blood donations from patients or their relatives is arbitrary, unfair, and a violation of their fundamental human rights, as guaranteed under Section 38(1) of the 1999 Constitution.
The court also held that the policy violates residents’ rights to an effective system of health protection and contradicts international obligations guaranteeing equal access to healthcare.
Justice Adebiyi noted that the health system is expected to ensure equality of opportunity in line with Articles 2(a), 3 and 12(1) of the International Covenant on Economic, Social and Cultural Rights.
She also ruled that the policy amounts to a denial of the right to life as guaranteed under Section 33 of the 1999 Constitution.
“The respondents are hereby ordered to forthwith 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 antenatal, maternal or any health services in the facilities of the respondents,” Justice Adebiyi ruled.
