Does a Husband’s Consent Matter Before a Male Doctor Treats His Wife? — A Nigerian Legal Summary
In Nigerian society, questions around gender, medical ethics, and spousal authority often intersect, especially when a male doctor attends to a married woman. The issue many ask is: must a husband consent before a male doctor treats his wife?
The Legal and Ethical Position
Under Nigerian law, an adult woman has full autonomy over her body and healthcare decisions. This principle is firmly grounded in her constitutional right to dignity and privacy under Sections 34 and 37 of the 1999 Constitution (as amended). Therefore, she does not require her husband’s consent before receiving medical treatment, regardless of the doctor’s gender.
Medical Ethics and Patient Autonomy
The Medical and Dental Practitioners Act and the Code of Medical Ethics in Nigeria (2008) both reinforce patient autonomy and confidentiality. A doctor’s duty is to the patient — not her spouse or family. The husband’s opinion, though culturally significant, carries no legal weight in determining whether treatment proceeds.
Case Law Insight
In the recent case of Medical and Dental Council of Nigeria v. Okonkwo (2020) LPELR-50254(SC), the Supreme Court reaffirmed that a competent adult has the exclusive right to decide whether or not to accept medical treatment, even if that decision may result in harm or death. This underscores that consent is a personal legal right — not one that can be delegated or overruled by a spouse.
“Under Nigerian law, an adult woman has full autonomy over her body and healthcare decisions.”
Religious and Cultural Context
While certain religious and cultural traditions may encourage husbands to be consulted, the law remains clear: such customs cannot override constitutional rights. However, in practice, many hospitals respect cultural sensitivity by offering female doctors where available, provided it does not delay urgent care.
Conclusion
In Nigeria, a woman’s right to medical autonomy is fully recognised. A husband’s consent is not legally required before a male doctor treats his wife. Respect for cultural or religious preferences remains voluntary, but the law — and modern medical ethics — firmly prioritises the woman’s own informed consent.
Disclaimer: This article is for general information only and does not constitute legal advice. For professional guidance, consult a qualified lawyer.