By E. Monjok Agom
Background: The Harvard Morgue Scandal
Recently in 2025, a chilling international scandal emerged (as widely reported by international news outlets like BBC, CNN) when a former Harvard Medical School morgue manager was accused of orchestrating a clandestine network trafficking human body parts. The manager allegedly stole and sold organs, skin, and bones from cadavers donated for medical research, violating the trust of grieving families and exploiting the dead for profit. This case, though occurring in the U.S., has global resonance, including in Nigeria, where cultural reverence for the dead and gaps in regulatory oversight raise urgent concerns.
Legal Framework: Nigerian Statutes Governing Human Remains
Nigeria’s legal system provides a robust, albeit underenforced, framework for protecting human dignity post mortem:
1. National Health Act (2014):
– section 51–53: Prohibit the removal of tissues or organs without written consent from the deceased (before death) or their next of kin.
– Section 64: Mandates that healthcare facilities handle human remains with “respect and dignity,” emphasising lawful disposal.
2. Anatomy Act (1933):
– Section 5: Regulates anatomy practices, requiring licences for institutions handling cadavers and criminalising unauthorised dissection.
3. Criminal Code Act (Southern Nigeria):
– section 287 (stealing) : Human tissues, once lawfully possessed (e.g., in a morgue), qualify as “property” capable of being stolen.
– section 309 (Criminal Misappropriation) : Fraudulent conversion of human remains for personal gain attracts up to 7 years’ imprisonment.
4. Trafficking in Persons (Prohibition) Enforcement and Administration Act (TIPPEA) 2015:
– section 23 (p. 15): Explicitly criminalises trafficking in human tissues, punishable by 7 years’ imprisonment.
5. Penal Code (Northern Nigeria):
– section 219: Criminalises “indignity to a corpse,” including unlawful dismemberment, with penalties up to 5 years’ imprisonment.
Case Law: Bridging Precedent and Contemporary Crimes
While direct Nigerian cases on body trafficking are scarce, courts have addressed analogous issues:
1. Adewale v. State (2015) LPELR-24718(CA) at p. 12:
– The Court of Appeal upheld a theft conviction where a hospital staffer stole medical equipment, affirming that “possession + fraudulent intent” suffices for guilt. This logic applies to morgue staff misappropriating cadavers.
2. Onyekwere v. State (2018) LPELR-44271(CA) at p. 9:
– Emphasised that “dishonest intention” is critical in stealing cases, even for non-traditional “property” like human tissues.
3. R v. Edgal [1946] 12 WACA 383 at p. 385:
– A colonial-era precedent punished improper corpse disposal, underscoring societal disdain for disrespecting the dead.
4. State v. Okeke (2020) FHC/ABJ/CR/256/2020 (unreported):
– A pending case involving illegal organ harvesting highlights the judiciary’s growing scrutiny of biomedical crimes.
Organ Donation and Transplantation: A Double-Edged Sword
Nigeria’s organ donation system, though nascent, is fraught with challenges that inadvertently enable trafficking:
1. Legal Ambiguities:
– The National Health Act 2014 permits organ donation with consent, but lacks clear guidelines on verification processes, creating loopholes for exploitation.
2. Illegal Harvesting vs. Legitimate Donation:
– In Medical and Dental Council v. Okonkwo (2019) LPELR-48901(SC) at p. 6, the Supreme Court condemned unauthorised organ removal, stressing that “consent must be unequivocal and verifiable.”
3. Cultural Reluctance:
– Many Nigerians reject organ donation due to beliefs in bodily integrity after death, leading to shortages that fuel black markets. A 2022 study by the Nigerian Medical Association revealed that fewer than 5% of citizens are registered donors.
4. Transplant Tourism:
– Affluent Nigerians often travel abroad for transplants, inadvertently supporting global trafficking networks. The National Health Act 2014 (section 54) restricts commercial organ transplants but lacks enforcement mechanisms.
Ethical and Cultural Ramifications
In Nigeria, where ancestral veneration and religious rites (e.g., Christian burials, Islamic janazah) govern death practices, body trafficking is not just a crime- it is a cultural sacrilege. As Justice Chukwudifu Oputa famously declared: “The dead, though silent, are entitled to dignity. To violate their remains is to assault the collective conscience of humanity.” (Ezeuko v. The State [2016] LPELR-40566(SC) at p. 17).
Key Ethical Concerns:
– Breach of Trust: Morgues and hospitals are custodians, not owners, of cadavers.
– Commercial Exploitation: Reducing human remains to commodities violates Ubuntu principles (“I am because we are”).
– Global Complicity: Nigerian syndicates could exploit weak regulations to trade in illicit tissues, mirroring the Harvard case.
Recommendations for Legal Reform
1. Modernise the Anatomy Act: The 1933 law predates biomedical advancements. A revised version should mandate digital tracking of cadavers and stricter licensing.
2. Adopt a Human Tissue Bill: Modelled after the UK’s Human Tissue Act 2004, requiring explicit consent for tissue use and establishing a regulatory authority.
3. Enhance Enforcement: Task the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) with investigating body trafficking under TIPPEA.
4. Public Awareness: Leverage traditional and religious leaders to educate communities on consent and lawful practices.
Iconic Quotes for Reflection
– Chinua Achebe:
– “A man who cannot respect the dead will scarcely honour the living.”
– UNESCO Universal Declaration on Bioethics (2005): “Human dignity, human rights, and fundamental freedoms are to be fully respected in the application of science.” (Art. 3,).
– Justice Niki Tobi (Nigerian Supreme Court): “The law is a moral compass; it must punish those who turn death into commerce.” (FRN v. Osahon [2006] 5 NWLR (Pt. 973) 361 at p. 385).
Conclusion: A Call to Action
The Harvard scandal is a wake-up call for Nigeria. While existing laws provide a foundation, enforcement gaps and cultural naivety risk enabling similar crimes. By updating statutes, empowering agencies like NAPTIP, and fostering ethical vigilance, Nigeria can honour its dead and protect the living from the macabre trade in human body parts. As the Igbo proverb goes: “A corpse has no price tag; its value lies in the respect we accord it.”
E. Monjok Agom
22nd April, 2025
