Compulsory Treatment and Care of Victims of Gunshot. Daily Law Tips (Tip 810) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)
Introduction:
With the proliferation of arms across Africa, “insecurity”, “violence”, “injury”, “gunshot” and “death” are common words across Nigeria, as bandits and terrorists ravage Nigeria. Obviously, more Nigerians are in need of health care, even as they live with the relics of their sojourns in the hands of the men of the underworld. Poor public health facilities, expensive private health centers and the fear of police harassment for treating victims of gunshots, have further reduced the chances of survival in Nigeria. Many health workers will not treat a dying man with gunshot wounds, unless there is a huge financial deposit for medical bills and a police clearance that the dying man is not a criminal suspect.
The fears of health workers in Nigeria in refusing to deal with victims of gunshot are not out of place. Many health workers have suffered violence in the hands of law enforcement agents for treating victims of gunshot, without police clearance. Without any legal basis, health workers are often treated as criminal conspirators and accomplices where they treat victims of gunshot without police clearance. Also, there are cases of victims of gunshot that absconded from their hospital beds to evade medical bills. While many Nigerians (innocent persons and mere suspects) have died on the waiting list for a police clearance, there is no legal requirement for such police clearance. And, one wonders if the ability to pay medical bills should be a condition for saving lives in Nigeria.
Putting a face to the above narrative, in 2019 a corps member (Mr. Precious Owolabi) working with Channels Television sustained gunshot wound, while covering the clash between the Nigeria Police Force and members of the Islamic Movement in Nigeria on the detention of Ibrahim Yaqoub El Zakzaky. Mr. Owolabi died after being allegedly rejected by hospitals in Abuja because of his gunshot wounds.
To change the dark narrative on the high death rate resulting from gunshot, a federal law was made in 2017 (the Compulsory Treatment and Care of Victims of Gunshot Act). The law mandates health workers to compulsorily treat and care for victims of gunshot, without requiring any clearance or payment. However, there is little or no awareness on the federal law, even as many victims of gunshot die for lack of money or police clearance. This work promotes legal awareness on the Compulsory Treatment and Care of Victims of Gunshot Act. It focuses on the purpose, stakeholders, offences, punishments and legal remedies in the Act.
Summary of the Compulsory Treatments and Care of Victims of Gunshot Act 2017.
In December 2017, the President of Nigeria, assented to the Compulsory Treatments and Care of Victims of Gunshot Act. By the Act, all medical doctors, health workers, hospitals, and medical outfits across Nigeria, whether public or private, are to receive and treat all persons with gunshot wounds without requesting for police report or money (medical fee).
Hospitals are expected to report cases of victims of gunshot within 2 hours of receiving and treating the patient to the nearest police station and to equally contact family members of the victims within 24 hours. Consequently, Nigerian police and all other security officers are estopped from harassing and arresting a person with gunshot wounds or a person that treated or cared for a person with gunshot wounds. By the law, police can only arrest and receive a person with gunshot wound, where such person has been discharged and certified to be fit by the Chief Medical Director of the concerned hospital.
Where a hospital fails to inform the police about the existence of a patient with gunshot wounds, the hospital and the concerned doctors are guilty of an offence punishable with fine of N100, 000.00 or 6-months imprisonment. Generally, any person with incriminating information about a victim of a gunshot must reveal same to police or face a punishment of 1-month imprisonment and or fine of N50, 000.00.
Henceforth, helpers of victims of gunshot will no longer be harassed and questioned by police or any law enforcement agency for helping such victims. Where the poor attitude of a hospital or any person causes a substantial physical, emotional and psychological loss to a victim of gunshot, the person liable shall be punished with imprisonment for not less than 5years but not more than 15 years. Where any person, institution, agency or police officer’s action or inaction, leads to the death of a victim of gunshot, such officer is liable to 5 years imprisonment and or fine of N50, 000.00.
Call for Legal Awareness Articles in English or Pidgin Languages.
Generally, hospitals that treated a victim of gunshot must keep good and adequate record of their treatments. Under the Act, any offence by an organization (company or a juristic person), is deemed to be an offence by the head of such organization. The head of the organization can be ordered by a court of law to repay money or any loss suffered by a victim of gunshot. The right court to entertain any dispute arising from the Act is the High Court of a state.
Conclusion:
By law, we should have been saying that, gone are the days that victims of gunshot died for lack of treatment and care in Nigeria. However, like any other law in Nigeria, there is little or no enforcement of the Compulsory Treatment and Care of Victims of Gunshot Act, since its birth in December 2017. Without trading blames, the most important approach in promoting enforcement of this law and any other law in Nigeria, is to promote free legal awareness. When people are aware of their rights and duties, they will demand for justice, accountability and transparency. Hence this work and every other work of Sabi Law Foundation and the Sabi Law Academy.
The challenging economic realities of health centers and practitioners (especially the private sector) calls for government partnership and support. The unreliable identification system in Nigeria as well as its poor legal system makes recovery of medical bills from patients very difficult. Government has a duty to provide reliable identification and robust legal system and also, to support offsetting of medical bills of eloped victims of gunshot. Creating a dedicated and accessible national fund for such purposes (outside the National Health Scheme or as part of it) will cement the commitment of health workers in offering treatment to victims of gunshot, without first demanding for medical bills.
My authorities, are:
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3.Onyekachi Umah, “An Alternative to Courts for Human Rights Cases” (LearnNigerianLaws.com, 14 May 2021) <https://sabilaw.org/an-alternative-to-courts-for-human-rights-cases/> accessed 23 May 2021.
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- Onyekachi Umah, “Child Marriage/Abuse Is A Crime (Rape): An Exposé On Laws Prohibiting Child Marriage” (LearnNigerianLaws.com, 22 June 2020) <https://sabilaw.org/child-marriage-abuse-is-a-crime-rape-an-expose-on-laws-prohibiting-child-marriage-daily-law-tips-tip-593-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 20 April 2021
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- Onyekachi Umah, “States & Areas Offices of Public Complaints Commission” (LearnNigerianLaws.com, 20 November 2020) <https://sabilaw.org/states-areas-offices-of-public-complaints-commission/> accessed 14 May 2021
- Onyekachi Umah, “Complaints That The Public Complaints Commission Can Handle” (com, 30 October 2020) <https://sabilaw.org/complaints-that-the-public-complaints-commission-can-handle/> accessed 14 May 2021
- Onyekachi Umah, “Abandonment Of Wife/Husband, Children Or Dependants Is A Crime” (LearnNigerianLaws.com, 3 December 2019) <https://sabilaw.org/abandonment-of-wife-husband-children-or-dependants-is-a-crime-daily-law-tips-tip-470-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 20 April 2021
- Onyekachi Umah, “How Lagos State Is Legislatively Ahead Of Other States” (LearnNigerianLaws.com, 30 September 2020 <https://sabilaw.org/how-lagos-state-is-legislatively-ahead-of-other-states/> accessed 20 April 2021
- Onyekachi Umah, “The First Virtual Court Hearing Was In Borno State And Not In Lagos State.” (LearnNigerianLaws.com, 1 June 2020) <https://sabilaw.org/the-first-virtual-court-hearing-was-in-borno-state-and-not-in-lagos-state-daily-law-tips-tip-579-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 20 April 2021
- Onyekachi Umah, “Emotional, Verbal And Psychological Abuse Is Now Criminal Offences” (LearnNigerianLaws.com, 3 September 2019) <https://sabilaw.org/emotional-verbal-and-psychological-abuse-is-now-criminal-offence/> accessed 28 April 2021
- Onyekachi Umah, “Forcing Wife to Stop Work is Now A Crime” (LearnNigerianLaws.com, 21 April 2021) <https://sabilaw.org/forcing-wife-to-stop-work-is-now-a-crime/https://sabilaw.org/forcing-wife-to-stop-work-is-now-a-crime/> accessed 26 April 2021
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- Onyekachi Umah, “Seizing or Destroying the Property of a Spouse is a Crime” (LearnNigerianLaws.com, 2 March 2021) <https://sabilaw.org/seizing-or-destroying-the-property-of-a-spouse-is-a-crime/> accessed 20 April 2021
- Onyekachi Umah, “Hiding/Concealing Domestic Violence Is A Crime” (LearnNigerianLaws.com, 11 December 2020) <https://sabilaw.org/hiding-concealing-domestic-violence-is-a-crime/> accessed 20 April 2021
- Onyekachi Umah, “Domestic Violence Is A Crime Not A Family Dispute” (LearnNigerianLaws.com, 10 December 2020) <https://sabilaw.org/domestic-violence-is-a-crime-not-a-family-dispute/> accessed 20 April 2021
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- Onyekachi Umah, “Lagos State Has No VAPP/SGBV Law !” (LearnNigerianLaws.com, 8 December 2020) <https://sabilaw.org/lagos-state-has-no-vapp-sgbv-law/> accessed 20 April 2021
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- Onyekachi Umah, “Ages At Which Sexual Intercourse With Consent Will Amount To Rape” (LearnNigerianLaws.com, 20 February 2020) <https://sabilaw.org/ages-at-which-sexual-intercourse-with-consent-will-amount-to-rape-daily-law-tips-tip-509-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 20 April 2021
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- Onyekachi Umah, “Can a Married Woman Inherit Her Parents’ Property?”, (LearnNigerianLaws.com, 27 March 2020) <https://sabilaw.org/can-a-married-woman-inherit-her-parents-property-daily-law-tips-tip-535-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 20 April 2021
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- Onyekachi Umah, “Harmful Widowhood Practices (Traditions) Are Illegal In Nigeria” (Daily Law Tips [Tip 589]) <https://sabilaw.org/harmful-widowhood-practices-traditions-are-illegal-in-nigeria-daily-law-tips-tip-589-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 20 April 2021
- Onyekachi Umah, “Forceful Isolation/Separation Of Family Members/Friends Is Now An Offence In Nigeria” (Daily Law Tips [356]) <https://sabilaw.org/forceful-isolation-separation-of-family-members-friends-is-now-an-offence-in-nigeria-daily-law-tips-tip-356-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 120 April 2021
- Onyekachi Umah, “Abolished Anti-Women Custom of Onitsha People of Anambra State, Nigeria” (LearnNigerianLaws, 10 March 2020) <https://sabilaw.org/abolished-anti-women-custom-of-onitsha-people-of-anambra-state-nigeria-daily-law-tips-tip-522-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 20 April 2021
- Onyekachi Umah, “Citizen By Marriage Is Discriminatory and Against Nigerian Women”, (LearnNigerianLaws.com, 14 September 2020) <https://sabilaw.org/citizen-by-marriage-is-discriminatory-and-against-nigerian-women/> accessed 20 April 2021
- Onyekachi Umah, “Abolished Anti-Women Custom of Yoruba People of Nigeria”, (LearnNigerianLaws.com, 11 March 2020) <https://sabilaw.org/abolished-anti-women-custom-of-yoruba-people-of-nigeria-daily-law-tips-tip-523-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 20 April 2021
- Onyekachi Umah, “Can a Married Woman Inherit Her Parents Property?” (LearnNigerianLaws.com, 27 March 2020) <https://sabilaw.org/can-a-married-woman-inherit-her-parents-property-daily-law-tips-tip-535-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 20 April 2021
- Onyekachi Umah, “Approval For Marriage Of Female Officers/Staff Is Unconstitutional and Discriminatory”, (LearnNigerianLaws.com, 23 September 2020) <https://sabilaw.org/approval-for-marriage-of-female-officers-staff-is-unconstitutional-and-discriminatory/> accessed 20 April 2021
- Onyekachi Umah, “It Is An Offence To Chase Out Wife/Husband From A Home Or Even Attempt To Do So” (LearnNigerianLaws.com, 17 May 2019) <https://sabilaw.org/it-is-an-offence-to-chase-out-wife-husband-from-a-home-or-even-attempt-to-do-so-daily-law-tips-tip-333-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 20 April 2021
- Onyekachi Umah, “Examining Brutalization of House Helps in Nigeria. (An Exposé on Anti-Cruel Labour Laws in Nigeria)” (LearnNigerianLaws.com, 3 August 2020) <https://sabilaw.org/examining-brutalization-of-house-helps-in-nigeria-an-expose-on-anti-cruel-labour-laws-in-nigeria-daily-law-tips-tip-623-by-onyekachi-umah-esq-ll-m-aciarbuk/> accessed 27 April 2021.
- Onyekachi Umah, “11 States That Do Not Protect Children In Nigeria” (LearnNigerianLaws.com, 31 May 2021) <https://sabilaw.org/11-states-that-do-not-protect-children-in-nigeria/> accessed 31 May 2021.
- Onyekachi Umah, “Government Can Lawfully Violate Human Rights: The Case of Twitter vs. Nigeria” (LearnNigerianLaws.com, 9 June 2021) < https://sabilaw.org/government-can-lawfully-violate-human-rights-the-case-of-twitter-vs-nigeria/> accessed 9 June 2021
- Onyekachi Umah, “Human Rights That Are Truly Absolute And Untouchable In Nigeria” (LearnNigerianLaws.com, 10 June 2021) <https://sabilaw.org/human-rights-that-are-truly-absolute-and-untouchable-in-nigeria/> accessed 11 June 2021
- Onyekachi Umah, “Adultery Is Not An Offence In All States In Nigeria” (LearnNigerianLaws.com, 19 October 2018) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-209-adultery-is-not-an-offence-in-all-states-in-nigeria/> accessed 11 June 2021.
- Onyekachi Umah, “Compulsory Treatment of Victims of Gunshot Wounds in Public and Private Hospitals in Nigeria” (LearnNigerianLaws.com, 18 May 2018) <https://sabilaw.org/compulsory-treatment-of-victims-of-gunshot-wounds-in-public-and-private-hospitals-in-nigeria/> accessed 16June 2021
- Ntiwunka Enyioma, “Nigerian hospitals on treating gunshot and stabbed victims” (TheGuardian, 24 December 2019) <https://guardian.ng/opinion/nigerian-hospitals-on-treating-gunshot-and-stabbed-victims/> accessed 15 July 2021
- Samuel Nwite, “Nigerian Hospitals’ Prejudice Against Victims of Arm-Violence” (Tekedia, 4 December 2019) <https://www.tekedia.com/nigerian-hospitals-prejudice-against-victims-of-arm-violence/> accessed 15 July 2021
- Sections 14, 20, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 305, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
- Sections 1 to 16 of the Compulsory Treatment and Care of Victims of Gunshot Act, 2017.
- Pic Credit: depositphotos.com
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