REGULATING TRADITIONAL MEDICINE IN NIGERIA: AN ASSESSMENT OF INTERNATIONAL HEALTH LAW FRAMEWORKS

Abstract

Traditional medicine constitutes a foundational pillar of healthcare delivery in Nigeria, serving approximately seventy percent of the population as the primary source of health services. Yet the legal framework governing its practice remains fragmented, underdeveloped and inconsistent with emerging international health law standards. This article presents a thorough scholarly examination of the regulatory norms governing traditional medicine in Nigeria, positioning domestic legal provisions within the broader context of International and regional health law instruments. It examines the principal legislative enactments including the Traditional Medicine Practice Act, the NAFDAC Act, and the National Health Act alongside relevant provisions of the 1999 Constitution. The article then maps these against World Health Organization instruments, the Convention on Biological Diversity, the African Charter on Human and Peoples’ Rights, and AU regional commitments. Through comparative analysis of models adopted by China, Ghana, and South Africa, the article identifies systemic deficiencies in Nigeria’s regulatory framework, weak enforcement mechanisms, and the absence of a harmonized national policy integrating traditional medicine into primary healthcare. The article concludes with a proposal for law reform grounded in the human right to health, bio-cultural diversity, and the imperatives of Universal Health Coverage.