Right Of Gunshot Victims To Medical Care

By Ubong S. Ebong Esq. -
In our Nigeria today, injuries and deaths caused by gunshots are rampant occurrences. Embarrassingly, some of these unfortunate instances involve trigger-happy law enforcement agents who decide to use their weapons without lawful justification but that is a story for another day. On this premise, our topic today will address the right of gunshots victims to adequate medical care. This right is now enshrined in the Compulsory Treatment and Care for Victims of Gunshot Act 2017.

By virtue of the above law, all hospitals in Nigeria shall accept and treat without a police clearance any person with a gunshot wound. All security agencies are also mandated to render the necessary assistance to gunshot victims and ensure that they are taken promptly to a hospital for treatment.

Furthermore, this law provides that all victims with gunshot wounds shall be treated without a request for initial monetary deposits and such persons shall not be victims of any inhuman or degrading treatment.

A hospital that receives any person with a gunshot wound is also enjoined to make a report to the nearest police station within 2 hours of treatment, failure to do this attracts a fine of N100,000 and every doctor concerned with the treatment, is liable on conviction to a fine of N100,000 or 6 months imprisonment or both.

Any person, police officer or security agent who stands by and fails to give the necessary help to a victim of gunshot wound, which leads to the unnecessary death of the Victim, commits an offence and is liable on conviction to a fine of N500,000 or 5 years imprisonment or both.

Also any person who commits an offence which causes substantial damage of whatever form to the victim, is liable on conviction to 15 years imprisonment without the option of fine.

In addition to all these penalties, the court can also order that a person or corporate body in default, pays to the victim, an amount equivalent to the loss sustained by the victim. This is known as restitution.

So now you know. But please note, this right does not exonerate or justify any form of illegality by either perpetrators or victims because if u were shot by law enforcement agents in the course of committing an offence, you will still be arrested and prosecuted after your treatment.

Be good, stay safe and know your rights!
#KYR


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