A Critical Appraisal of Compliance with the Compulsory Treatment and Care for Victims of Gunshot Act 2017
DOI:
https://doi.org/10.58425/ajlps.v2i2.180Keywords:
Gunshot victims, human rights, legislations, compulsory treatment, care of gunshot victims.Abstract
Aim: The practice of demanding police report before gunshot injury victims receive medical care in Nigeria has led to needless loss of life in several instances. The practice stems from the (mis)application of the Robbery and Firearms (Special provision) Act 1984. Thus, the Compulsory Treatment and Care for Victims of Gunshot Act 2017 was enacted to mandate expedite medical treatment for gunshot victims without demand for police report.
Methods: Adopting the doctrinal research methodology, this paper assessed the legacy of the Robbery and Firearms Act on the treatment of gunshot injury victims. It equally examined medical practitioners’ level of compliance with the provisions of the Compulsory Treatment and Care for Victims of Gunshot Act 2017 and the legal implication of non-compliance, while highlighting remedial options available under the law.
Results: The study found that despite the provisions of the Compulsory Treatment and Care for Victims of Gunshot Act 2017, gunshot victims are still haunted by the ghost of the Robbery and Firearms (Special Provision) Act. Medical practitioners are still uneasy about the treatment of gunshot casualties without police reports due to apprehension about police harassment.
Conclusion: This paper concludes that the lack of publicity about the current realities of the law and lack of coordination between medical practitioners, police officers and other key stakeholders is responsible for non-compliance with the Act.
Recommendation: The study therefore recommends the need for enforcement of professional and penal sanctions against erring medical practitioners who fail to provide expedite medical treatment for gunshot injury victims.
References
‘Senate Considers Bill for Treatment of Gunshot Victims’, Thursday (6 October 2021) https://www.google.com/amp/s/www.thisday.com/index.php/2021/10/06/senate-considers-bill-for-treatment-of-gunshot-victims/amp/ accessed 5 March 2023.
Ani, CC ‘Armed Robbery and National Security’, (Legalpaedia) https://google.com/amp/s/legalpaediaonline.com/armed-robbery-and-national-security/amp/ accessed 3 June 2023.
Bassey, FE ‘The Demand for Police Report and the Response of Gun Violence and Road Accidents in Nigeria’, (2012) 2 Uniuyo LAWSAN Journal 98.
Bennett, N Erdogan, M Karkada, M KureshiN & Green, RS ‘Mandatory Gunshot Wound Reporting in Nova Scotia: A Pre–Post‑Evaluation of Firearm‑Related Injury Rates’, (2022) 24 Canadian Journal of Emergency Medicine 439.
Definition, ‘Definitions for Gunshot’, https://www.definitions.net/definitions/gunshot accessed 3 March 2023.
Dictionary, ‘Gunshot Definition and Meaning’, https://www.dictionary.com/browse/gunshot accessed 3 March 2023.
Editorial, ‘Emergencies: Hospitals’ insistence on police report’ Punch (25 June 2021) https://www.google.com/amp/s/punchng.com/emergencies-hospitals-insistence-on-police-report/%3famp accessed 18 May 2023.
Ezeuko, MI ‘The Laws Guiding Emergency Treatment in Nigeria in Cases of Gunshot Victims’, (2019) 87 (1) Medico-Legal Journal 47.
Fidh, ‘Assassination of Mr. AlhajiSaula Saka- NGA’, https://www.fidh.org/en/region/Africa/nigeria/Assassination-of-Mr-Alhaji-Saula accessed 3 March 2023.
Friday, A ‘An Assessment of the Compulsory Treatment and Care for Victims of Gunshots Act under the Gunshots Victims Act 2017’, (2021) 11 (2) Nigerian Bar Journal 79.
Imosemi, AF ‘Compulsory Treatment for Victims of Gunshot Act (2017): Saving Lives in Nigerian Hospitals or a Contradiction of the Provisions of the Administration of Criminal Justice Act (2015)?’, (2018) 27 (4) Nigerian Journal of Medicine 333.
Mustapha, AO ‘Compulsory Treatment and Care for Victims of Gunshot Act 2017; An Appraisal’, (Social Science Research Network)https://ssrn.com/abstract=311756 accessed 5 March 2023.
Nnadozie, E AkporA & Usman, E ‘Victims of Firearms Crime: The case of Guardian Editor, BayoOhu and Others’, Vanguard (26 September 2009) https://www.vanguardngr.com/2009/09/victims-firearms-crime-the-case-of-guardian-editor-bayo-ohu-and-others/amp/ accessed 3 March 2023.
Nwali-Chukwu, C ‘Compulsory Treatment for Victims of Gunshot Act 2017: How Effective’, (OlisaAgbakoba Legal, June 21, 2021) https://oal.law/compulsory-treatment-for-victims-of-gunshot-act-2017-how-effective/ accessed 5 March 2023.
Nwoke, N ‘How Police, Hospitals Cause Untimely Deaths of Gunshot Victims’, The Sun 6 August 2021. https://www.sunnewsonline.com/how-police-hospitals-cause-untimely-deaths-of-gunshot-victims/ accessed 5 March 2023.
Oboirien, M AgboSP & Adedeji, BK ‘Civilian Gunshot Injuries: Experience from Sokoto, North-West, Nigeria’, (2016) 15 (1) Journal of Trauma and Treatment 1.
Soetan, SO ‘Proliferation of Arms and Security Challenges in Nigeria’, (2017) 3(3) International Journal of History and Cultural Studies 33.
Tony Fagbemi, ‘Bring back public execution by firing squads’ (23 September 2022) https://guardian.ng/opinion/bring-back-public-execution-by-firing-squads/ accessed 18 May 2023.
Umah, O ‘Compulsory Treatment for Victims of Gunshot’, The Nigerian Lawyer (17 June 2021) https://thenigerianlawyer.com/compulsory-treatment-for-victims-of-gunshot/ accessed 5 March 2023.
Uwaegbulem, IL ‘Right to Life of a Gunshot Victim; A Constitutional Right in the Context of the Compulsory Treatment and Care for Victims of Gunshot Act, 2017’, Social Science Research Network https://ssrn.com/abstract=3953770 accessed 5 March 2023.
Downloads
Published
How to Cite
Issue
Section
License
The authors retain the copyright and grant this journal right of first publication. This license allows other people to freely share and adapt the work but must give appropriate credit, provide a link to the license, and indicate if changes were made. They may do so in any reasonable manner, but not in any way that suggests the licensor endorses them or their use.







