NCH approves lowering age of consent for HIV testing to 14

Nigeria’s National Council on Health (NCH) has approved a new policy lowering the age of consent for voluntary HIV testing from 18 to 14 years.

The decision, taken after hours of intense deliberation at the Council’s 66th meeting in Calabar, aims to improve early detection among adolescents and vulnerable young people.

Coordinating Minister of Health and Social Welfare, Prof. Muhammad Ali Pate, who chaired the meeting, said the shift was necessary given Nigeria’s heavy adolescent HIV burden.

He noted that the country once had more than 380,000 children living with HIV and about 1.7 million AIDS orphans, stressing that many adolescents—especially orphans—lack parents or guardians who can legally provide consent on their behalf.

He added that lessons from countries like South Africa, where minors aged 12 can independently request HIV testing, show the benefits of earlier access.

Support for the proposal came from several commissioners.

Borno State’s Health Commissioner, Prof. Baba Gana, pointed to Nigeria’s youthful population—42.5 per cent of citizens are 14 or below—and argued that earlier access was vital for controlling infections.

Others, including commissioners from Edo and Delta, said the decision would help reach at-risk adolescents, particularly victims of sexual abuse and young people already sexually active.

Concerns were raised about parental involvement, legal exposure for health workers, and alignment with the Child Rights Act.

Ekiti State Commissioner for Health, Dr Oyebanji Filani, questioned whether parents should be excluded when a 14-year-old begins HIV treatment without their knowledge.

A legal expert also cautioned that policy cannot override national law.

But several members argued that voluntary testing for public health purposes differs from medical procedures requiring more complex consent, and emphasised the need for strong counselling and confidentiality.

Lagos Commissioner for Health, Prof. Akin Abayomi, cited regional precedents supporting lower ages of consent, while Nasarawa’s Commissioner for Health, Dr Gaza Gwamna, said ignoring adolescent sexual activity would undermine HIV prevention efforts.

Some members suggesting phasing the policy in or aligning it with future legal reforms, but the majority favoured immediate approval.

After amendments by the chairman, the Council voted overwhelmingly to reduce the age of consent and subsequently agreed on 14 years as the new threshold.

The resolution included safeguards, such as age-appropriate counselling, confidentiality protections, clear linkage to care for those who test positive, and collaboration with the Attorney General to ensure legal compliance during implementation.

With no objections from the floor, Prof. Pate confirmed the policy as adopted.

The decision is intended to ensure timely HIV detection among Nigerian adolescents while reflecting evolving public health realities and the country’s demographic needs.