Gunshot Victims Can Be Treated Without Police Report (The Act, 2017)

In the past, gunshot wounds were associated with Nigeria civil war in the 1970s. Occasional gunshot wounds resulting from festivals and celebration also occurred. As Nigeria's system deteriorated, religious conflict, ethnic battle, political thuggery and arm robbery took the center stage. This came along with different forms of wounds including gunshot wounds. This saw the number of gunshot wounds rising at an alarming rate.

Survival rate of gunshot wounds depends on so many factors. These include the size of the bullet, the velocity, the distance between nozzle and person and the point of contact. Very few victims die instantly. This means that it is possible to save a lot of gunshot victims.

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Treatment of gunshot wounds requires emergency attention. Damage control surgery is to ensure survival and preserve body functions. This should be done by those around and hospital personnel.

The statistics of death from gunshot wounds in Nigeria is not encouraging. This means that most gunshot wounds victims die. This is because most gunshot victims don't get adequate care. This is as a result of the country's law system.

From independence to 2014, gunshot and accident victims need to tender a valid police report to the hospital or medical personnel before commencement of treatment. This was done to prevent escaping criminals from getting treatment and hiding in hospital.

Gunshot Victim treatment

Many medical doctors have had questions to answer with the police in the past for treating gunshot wounds without a valid police report. And many hospitals, especially private ones, have been shut down by the members of the Nigeria police due to treatment for a gunshot wound.

Unfortunately, most of these cases are innocent victims of arm robbers and domestic violence. The real criminals avoid public and private hospitals because they fear they will be reported to the law enforcement agency. Because of the harassment from police, many hospitals including medical personnel decline to attend to accident and gunshot victims. And it is not possible for a victim to get to the police station first to get this report. The few that did even die at the station due to the slow nature of the Nigeria police force in issuing the report.

Due to the public outcry from the masses and the loss of lives of many innocent victims, an attempt to pass a bill into law was drafted in 2009. In December, 2014, president Goodluck Ebele Jonathan (GEJ), signed the national health act into law. It made provision that all healthcare providers, health workers and health establishments shall not refuse to perform emergency medical treatment for no reason. This law had some lapses as it did not specify gunshot or accident victims. The refusal to treat gunshot and accident victims continued.

It was in 2017 that the bill to treat gunshot wounds without a valid police report was eventually signed into law after eight years. In it, you don't need a valid police report or money to initiate an emergency attention for gunshot and accident victims. Police report is needed within two hours and can be provided by the family of the victim or the hospital. Good Samaritans are to be respected in this new law.

Compulsory Treatment And Care For Victims Of Gunshots Act, 2017

Arrangement Of Sections

Section:

1. Right to treatment

2. Duty to assist

3. Notification of police

4. Certificate of fitness

5. Offence

6. Relations to make statement

7. Withholding information

8. Protection of volunteer

9. Persons guilty of the offence

10. Duty to notify victim relations

11. Offence of standing by

12. Records

13. Trial of a corporate body

14. Restitution

15. Interpretation

16. Citation

Commencement

A bill For An Act to provide for the compulsory treatment and care for victims of gunshots; and related matters.

ENACTED by the National Assembly of the Federal Republic of Nigeria

1. Right to treatment: As from the commencement of this 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,

2. Duty to assist: (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. Notification of police: (1) 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. (2) Upon receipt of the report under subsection (1) of this section, the police shall immediately commence investigation with a view to determining the circumstances under which the person was shot.

4. Certificate of fitness: The police shall not invite any person with gunshot wounds from the hospital for the purposes of investigation unless the Chief Medical Director of the hospital certifies him fit and no longer in dire need of medical care.

5. Offence: A hospital that fails to make a report as required under section 3 of this Act commits an offence and is liable on conviction to a fine of N100,000.00 and every doctor directly concerned with the treatment is equally liable on conviction to for a term of six months or a fine of N100,000.00 or imprisonment or both.

6. Relations to make a statement: 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.

7. Withholding information: 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, or a fine of N50,000.00 or imprisonment for a term of six month or both

8. Protection of volunteer: 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

9. Persons guilty of the offence: A person who commits an offence under this Act which leads to substantial physical, mental, emotional and psychological damage to the victim, commits an offence and is liable on conviction to imprisonment for a term of not more than 15 years and not less than five yours without the option office.

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10. Duty to notify victim relations: A hospital that receives any person with gunshot wounds shall notify the family members or relations of the victim as far as they may ascertain within 24 hours of becoming aware of the victim's identity.

11. Offence of standing by: Any person or authority including any police officer, other security agent 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 offence and is liable on conviction to a fine of 500,000.00 ar imprisonment for a team of five years or both.

12. Records: A hospital or facility that takes or receives for treatment any person with gunshot wounds shall keep adequate record of the treatment

13. Trial of a corporate body: A corporate body that commits an offence under this Act, the head of the corporate body shall be prosecuted in accordance with the provision of sections 11 and 14 of this Act

14. Restitution: (1) In addition to any other penalty under this Act, the High Court shall order a person or corporate body convicted of an office to make restitution to the victim by directing that person or corporate body in 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.

15. Interpretation: In this Act "court" means High Court of a State; and "Victim" means a person who sustains injuries as a result of gunshot, powder burn and other injuries arising out of or caused by the discharge off a firearm

16. Citation: This Act may be cited as the Compulsory Treatment and Care of Victims of gunshot Act, 2017

Summary Of Gunshot Victim Law

The lawmakers took steps in the right direction by emphatically stating that “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 gunshot wounds”. The very first section of this Act is very commendable since it is not just a duty but also a right for all hospitals in Nigeria be it private or public to attend to victims of gunshot without a police report. At last, medical personnel will no longer be harassed by the police for treating such persons in Nigeria. Also, Any person whether civilian or security agent has a duty to be a good Samaritan and give every possible assistance to any person with gunshot injuries by ensuring that the person is rushed to the nearest hospital for instant medical care.

This provision ensures that even a criminal that has been shot by the police must immediately be taken to the hospital for treatment and not taken to the police station to wriggle in pains and probably die. More so, civilians who act as good Samaritans will no longer be treated like criminals by the police since this law has imposed a duty to assist on everybody.

Furthermore, the law provides that no hospital in Nigeria must refuse to treat a victim of gunshot injuries for lack of initial financial deposit and that no person including the police or other security agents must make gunshot victims pass through degrading treatment or injection of pain. The hospital that agrees to treat any person with gunshot injuries has a duty “to report the fact to the nearest police station within two (2) hours of commencement of treatment”. The police must instantly affect an investigation into the facts of the case once a report has been made by the hospital. During investigations, the police may not forcibly discharge a person with bullet wounds from the health care institution “unless and until the Chief Medical Director of the hospital certifies him fit and no longer in dire need of Medicare”. The Act stipulates further that it is the duty of the hospital to notify the family members or relations of the victim with bullet injuries within twenty four hours of becoming aware of the victim's identity.

Offences And Punishment Under The Act

The Act created some new offences under the Criminal Justice System and are outlined below;

It is an offence for any hospital to give false report to the police, upon conviction shall be liable to a fine of 100,000.00 naira and every doctor that is directly linked with the care “shall be liable on conviction to 6 months imprisonment or a fine of 100,000.00 naira or both”. Another crime created under the Act is the deliberate failure or refusal by any person to give the necessary information required by the police “and shall on conviction, be liable to 1 (one) month imprisonment or a fine of 50,000.00 naira or both."

The provisions and tone of the Act became stricter when it provided that; “any person who is guilty of an offence under this Act especially, when the offence does not lead to death of victim but led to substantial physical, mental, emotional and psychological damage, shall be liable on conviction to imprisonment for a term of not more than 15 years and not less than 5 years without the option of fine”.

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It is also a criminal act for any person, police officer, other security agents or hospital to stand by or “omits to do his bit which results in the unnecessary death of any person with bullet wounds commits an offence and shall on conviction be liable to 5 years imprisonment or a fine of 50,000.00 naira or both. Every hospital or facilities that take or receive for treatment any person with bullet wounds shall keep an adequate record of the treatment. If a registered company commits any offence under the Act, the Head of the Company will be tried “in accordance with the 54 provision of sections 11 and 13 of this Act” . This provision is a welcomed development since it will ensure that a Body Corporate is treated like a legal entity that can sue and be sued. Furthermore, if convicted, the High Court in addition to any other punishment under the Act, shall order a person or corporate body to financially compensate the victim of gunshot injuries with an amount equivalent to the loss sustained by the victim.

The order of restitution is to be enforced by the victim in the same way as a judgment in a civil action. In terms of Hierarchy of Courts in Nigeria, any case emanating from the provisions of this Act must be instituted at the High Court. 

In the appraisal of the provisions of the Compulsory Treatment and Care for Victims of Gunshots Act (2017) are simple and explicit enough to be comprehended by the citizens, medical personnel, Police and other security agents, lawyers and Judges.

It is appalling to still see the deliberate action of many medical personnel and hospitals in rejecting gunshot victims today. Many are not even demanding money but for police reports. Some still claim that the police still harass them when they do. I think the way to go is for victims' families to charge hospitals and medical personnel to court when they refuse to give medical attention to gunshot victims. That way they will face the police with their legal right to the country. We cannot continue like this.