Any person or authority including any police officer, other security agents or hospital who stands by and fail to perform his duty under this Act which results in the unnecessary death of any person with gunshots wounds commits an offence and is liable on conviction to a fine of #500,000:00 or imprisonment for a term of five years or both
By Moruff O. Balogun Esq
Law is defined as the body of rules of conduct or action that has been prescribed by the controlling authority and has a legal binding force. Also, the law must be followed and obeyed by all the citizens. Failing to do so will result in legal consequences of the law.
The Act cited as “COMPULSORY TREATMENT AND CARE FOR VICTIMS OF GUNSHOT ACT, 2017” is a regulation enacted to ensure that victims of gunshot wounds receive prompt and adequate medical treatment and care.
The Act aims to protect the rights of individuals who have been injured by firearms and to establish a framework for their access to medical services without unnecessary delays or financial barriers.
It would be recalled that the police authority in Nigeria issued a letter/memo dated 25th October, 2023 signed by CP OLATUNJI R. DISU, PSC wherein the police directed the medical facilities in Nigeria to comply with and enforce the provisions of the Compulsory Treatment and Care for Victims of Gunshot Act, 2017 without any hesitation.
It is therefore pivotal to bring to the utmost attention and knowledge of the medical practitioners in Nigeria what they must observe and carefully take note of in complying with the provisions of the said Act.
(1)Every Hospital in Nigeria whether public or private shall accept or receive, for immediate and adequate treatment with or without police clearance, any person with a gunshot wound.
2. (1) Every person, including security agents, shall render every possible assistance to any person with gunshot wounds and ensure that the person is taken to the nearest hospital for immediate treatment(2) Accordingly:(a) A person with a gunshot wound shall be received for immediate and adequate treatment by any hospital in Nigeria with or without initial monetary deposit and(b) A person with a gunshot wound shall not be subjected to inhuman and degrading treatment or torture by any person or authority including the police or other security agencies.
3. (a) A hospital that receives or accepts any person with a gunshot wound for treatment shall report the fact to the nearest police station within two hours of commencement of treatment .
(b) Upon receipt of the report under subsection (1) of this section, the police shall immediate commence investigate with a view to determining the circumstance under which the person was shot.
4. The police shall not invite any person with gunshot wound from the hospital for the purpose of investigation unless the Chief Medical director of the hospital certifies him fit and no longer in dire need of medicare.
5. A hospital that fails to make a report as required under Section 3 of this Act commits an offence and is liable on convicted to a fine of #100, 000:00 and every Doctor directly concerned with the treatment is equally liable on conviction to a term of six (6) months or a fine of #100, 000:00 or imprisonment or both.
6. A person who receives the report under section 3 (2) of this Act shall furnish or the hospital on demand, with background information on the victim as he may be compelled to incriminate the victim.
A hospital or facility that takes or receives for treatment any person with gunshots wound shall keep adequate record of the treatment. A corporate body that commits an offence under this Act, the head of the corporate body shall be prosecuted in accordance with the provisions of sections 11 and 14 of this Act
7. A person who fails, neglects or refuses to give the report required under Section 6 of this Act, commits an offence and is liable on conviction, of a fine of #50, 000:00 or imprisonment for a term of six months or both.
8. Every volunteer or helper of a victim of gunshots shall be treated with respect and shall not be subjected to unnecessary and embarrassing interrogation in their genuine attempt to save life.
9. A person who commits an offence under this Act which leads to or causes substantial physical, mental, emotional and psychological damage to the victim, commits and offence and is liable on conviction to imprisonment for a term of not more than fifteen (15) years and not less than five years without the option of fine.
10. A hospital that receives any person with wounds shall notify the family members or relations s of the victim as far as they may ascertain within 24 hours of becoming aware of the victim’s identify.
11. Any person or authority including any police officer, other security agents or hospital who stands by and fail to perform his duty under this Act which results in the unnecessary death of any person with gunshots wounds commits an offence and is liable on conviction to a fine of #500,000:00 or imprisonment for a term of five years or both.
12. A hospital or facility that takes or receives for treatment any person with gunshots wound shall keep adequate record of the treatment.
13. A corporate body that commits an offence under this Act, the head of the corporate body shall be prosecuted in accordance with the provisions of sections 11 and 14 of this Act.
14. (1) In addition to any other penalty under this Act, the High Court shall order a person or corporate body convicted of an offence to make restitution to the victim by directing that person or corporate body to pay to the victim an amount equivalent to the loss sustained by the victim
(2) An order of restitution may be enforced by the victim or by the prosecutor on behalf of the victim in the same manners as a judgment in a civil action.
The above 14 points are important for those in health sector to note, and they are enjoined to keep them at their fingertips while dealing with/treating victims of gunshot in Nigeria. Ignorance of law offers no excuses.
Moruff O. Balogun Esq.
Vice Chairman,Nigerian Bar Association Ijebu – Ode Branch, Ogun State08052871414 09121207712 [WHATSAPP]
lawsanship4u@gmail.com
