Law Versus What People Want: Stroke Neurobiobanking and Genomics Research in Nigeria and Ghana

Research on strokes using genetics and neurobiobanking has highlighted some ethical, legal and social implications. Blood donation, brain donation, blood storage, re-use and sample sharing, data sharing, return of individual results, disclosure of incidental findings, pattern and causes of preference for informed consent, governance and regulation, and biorights are some of the legal problems presented. This study, therefore, explores this aspect in Sub-Saharan Africa using Nigeria and Ghana as case studies. In exploring this aspect, a qualitative method was adopted. In addition, the general jurisprudence of law and society was adopted as the theoretical framework and applied to the findings made. It was found that the law to a high level mirrors people’s expectations and that there was an existing social order to which the law was a contributor. It is therefore argued that any need for the intervention of the law must take cognizance of these findings.