Compulsory Treatment & Care For Gunshot Victims By Maxwell N. Uwaifo

Ever heard stories where a gunshot victim in Nigeria
dies because the hospital refused to treat them without seeing a
police report or people dying avoidable deaths because eyewitnesses
and bystanders refused to help and just watched while the person
dies as they would get harassed or arrested by the police for just
trying to help? Im sure you must have.

However with the advent of the Compulsory Treatment and Care for
Victims of Gunshot Act, 2017 signed into effect by President
Muhammadu Buhari in December, 2017, it is hoped that these kinds of
happenings are to become a thing of the past.

Here are a few important highlights of the law:

Every hospital is to receive and treat gunshot or bullet wound
victims without police clearance even without the payment of an
initial deposit but are duty bound to report to the nearest police
station within two hours of commencing treatment on the victim;

Every volunteer or person who assists or helps a gunshot or
bullet wound victim shall not be subjected to embarrassing
interrogation or harassment in their genuine bid to assist the
victims;

Any authority or persons inclusive of the police who by standing
by or an omission in doing his bit and these results in the
unnecessary death of a gunshot victim shall be liable to
imprisonment for 5 years or a fine;

No person with a gunshot wound shall be subjected to torture or
any inhuman or degrading treatment by any person or authority
including the police or any security agency;

Until the person with the gunshot wound is certified okay and no
longer in need of medicare by the Chief Medical Director of the
hospital where he is receiving treatment, the police may not
receive or collect such person;

The hospital who receives the gunshot victim has the duty of
contacting the victims family within 24 hours of confirming the
victims identity;

The High Court shall order a person convicted under the Act in
addition to other penalties to pay damages to the victim as
restitution for injuries or loss sustained;
Every hospital shall keep adequate record of the treatment of
bullet wound victims;

Any person who commits 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.

However, a public enlightenment on the details of the Gunshot
Act should be encouraged, especially on the penalties for its
violation by some hospital, because some victim or the Good
Samaritan that may rush him/her to Hospital may not have any ready
cash to deposit. By the said enlightenment, the law will not be
like any other law that is observed in its breach.

Consequently, all Nigerians should be apprised with this law, so
that legal remedies could be sought against individuals and/or
institutions whose actions might lead to avoidable deaths under
these circumstances of gun shots.

Health facilities need to be reminded of it through
enlightenment
By Maxwell N. Uwaifo Esq
iamuwaifo@gmail.com
Associate, Tri-Lex Partners LP

Disclaimer: While every effort has been made to
ensure the accuracy of this publication, it is not intended to
provide legal advice as individual situations will differ and
should be discussed with an expert and/or lawyer.

Ever heard stories where a gunshot victim in Nigeria
dies because the hospital refused to treat them without seeing a
police report or people dying avoidable deaths because eyewitnesses
and bystanders refused to help and just watched while the person
dies as they would get harassed or arrested by the police for just
trying to help? Im sure you must have.

However with the advent of the Compulsory Treatment and Care for
Victims of Gunshot Act, 2017 signed into effect by President
Muhammadu Buhari in December, 2017, it is hoped that these kinds of
happenings are to become a thing of the past.

Here are a few important highlights of the law:

Every hospital is to receive and treat gunshot or bullet wound
victims without police clearance even without the payment of an
initial deposit but are duty bound to report to the nearest police
station within two hours of commencing treatment on the victim;

Every volunteer or person who assists or helps a gunshot or
bullet wound victim shall not be subjected to embarrassing
interrogation or harassment in their genuine bid to assist the
victims;

Any authority or persons inclusive of the police who by standing
by or an omission in doing his bit and these results in the
unnecessary death of a gunshot victim shall be liable to
imprisonment for 5 years or a fine;

No person with a gunshot wound shall be subjected to torture or
any inhuman or degrading treatment by any person or authority
including the police or any security agency;

Until the person with the gunshot wound is certified okay and no
longer in need of medicare by the Chief Medical Director of the
hospital where he is receiving treatment, the police may not
receive or collect such person;

The hospital who receives the gunshot victim has the duty of
contacting the victims family within 24 hours of confirming the
victims identity;

The High Court shall order a person convicted under the Act in
addition to other penalties to pay damages to the victim as
restitution for injuries or loss sustained;
Every hospital shall keep adequate record of the treatment of
bullet wound victims;

Any person who commits 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.

However, a public enlightenment on the details of the Gunshot
Act should be encouraged, especially on the penalties for its
violation by some hospital, because some victim or the Good
Samaritan that may rush him/her to Hospital may not have any ready
cash to deposit. By the said enlightenment, the law will not be
like any other law that is observed in its breach.

Consequently, all Nigerians should be apprised with this law, so
that legal remedies could be sought against individuals and/or
institutions whose actions might lead to avoidable deaths under
these circumstances of gun shots.

Health facilities need to be reminded of it through
enlightenment
By Maxwell N. Uwaifo Esq
iamuwaifo@gmail.com
Associate, Tri-Lex Partners LP

Disclaimer: While every effort has been made to
ensure the accuracy of this publication, it is not intended to
provide legal advice as individual situations will differ and
should be discussed with an expert and/or lawyer.