Compulsory Treatment and Care of Victims of Gunshot Act, 2017: 14 Important Things Medical Practitioners in Nigeria Should Note
Law is defined as the body of rules of conduct or action that have been prescribed by the controlling authority and have 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.
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 or memo dated October 25, 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.
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.
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 an initial monetary deposit, and (b) a person with a gunshot wound shall not be subjected to inhumane and degrading treatment or torture by any person or authority, including the police or other security agencies.
(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 the commencement of treatment. (b) Upon receipt of the report under subsection (1) of this section, the police shall immediately commence investigating with a view to determining the circumstances under which the person was shot.
The police shall not invite any person with a gunshot wound to 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 medical care.
A hospital that fails to make a report as required under Section 3 of this Act commits an offense and is liable on conviction to a fine of N100,000, and every doctor directly concerned with the treatment is equally liable on conviction to a term of six (6) months or a fine of N100,000.00 or imprisonment or both.
A person who receives the report under Section 3(2) of this Act shall furnish the hospital, on demand, with background information on the victim, as he may be compelled to incriminate the victim.
A person who fails, neglects, or refuses to give the report required under Section 6 of this Act commits an offense and is liable, on conviction, for a fine of N50,000.00 or imprisonment for a term of six months or both.
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 lives.
A person who commits an offense under this Act that leads to or causes substantial physical, mental, emotional, and psychological damage to the victim commits an offense 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 a fine.
A hospital that receives any person with wounds shall notify the family members or relatives of the victim as far as they may ascertain within 24 hours of becoming aware of the victim’s identity. Any person or authority, including any police officer, other security agents, or hospital, who stands by and fails to perform his duty under this Act, which results in the unnecessary death of any person with gunshot wounds, commits an offense and is liable on conviction to a fine of N500,000.00 or imprisonment for a term of five years or both.
A hospital or facility that takes or receives for treatment any person with a gunshot wound shall keep an adequate record of the treatment.
A corporate body that commits an offense under this Act shall be prosecuted in accordance with the provisions of sections 11 and 14 of this Act.
(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 manner as a judgment in a civil action.
The above 14 points are important for those in the health sector to note, and they are enjoined to keep them at their fingertips while dealing with or treating victims of gunshot in Nigeria. Ignorance of the Law offers no excuses.
This Article Was Written By: MORUFF O. BALOGUN ESQ. VICE CHAIRMAN, NIGERIAN BAR ASSOCIATION IJEBU-ODE BRANCH, OGUN STATE 08052871414 09121207712 [WhatsApp]
