7 Years On: How Effective is Nigeria's Compulsory Gunshot Treatment Act?

7 Years On: How Effective is Nigeria's Compulsory Gunshot Treatment Act?

Introduction

By enacting the Compulsory Treatment and Care for Victims of Gunshot Act 2017, the Nigerian government took a significant step forward in addressing the health and safety of its citizens. Before this act, reports of victims being denied immediate medical care due to bureaucratic and administrative hurdles were not uncommon. This dire situation often led to preventable deaths and exacerbated the suffering of those affected.

Upon the enactment, many Nigerians commended the government for taking decisive action to address a critical public health issue. Unfortunately, despite the Act, there are still several challenges to implementing the act effectively. As we reflect on the journey since its enactment seven years ago, this article seeks to evaluate how effective this law is on the country's healthcare landscape.

Brief Appraisal of the Act

The Act introduces vital rights, obligations, and penalties to ensure swift and adequate medical attention for gunshot victims while outlining the responsibilities of hospitals and security agencies. The Act establishes the rights of gunshot victims, requiring any hospital in Nigeria, be it public or private, to provide immediate and adequate treatment without an initial monetary deposit. The victims are also protected from inhumane treatment or torture by any person or authority, including the police.

Volunteers or helpers of gunshot victims are accorded the right to be treated with respect, free from unnecessary and embarrassing interrogations while genuinely attempting to save a life. Hospitals have specific obligations, including reporting gunshot cases to the nearest police station within two hours of treatment commencement, notifying family members or relations within 24 hours, maintaining proper treatment records, and ensuring victims are fit before any police investigation.

The Act also imposes penalties for violations, including fines and imprisonment. Hospitals failing to report a gunshot case may face a fine of N100,000, with doctors directly involved liable to six months imprisonment or a similar fine. Offencesleading to substantial harm to the victim can result in imprisonment for 5 to 15 years, while authorities or police officers neglecting their duties, resulting in the unnecessary death of a gunshot victim, may face a fine of N500,000 or imprisonment for five years.

The law emphasizes the urgency of medical treatment for gunshot victims, eliminating obstacles like initial monetary deposits and mandatory police reports. The unambiguous language of the law seeks to strike a balance between the immediate medical attention needed for victims and the responsibilities of hospitals, doctors, and volunteers, protecting them from unwarranted harassment during police investigations. The overarching goal is to preserve the lives of gunshot victims while ensuring legal safeguards for those providing critical assistance in emergencies. The question now is, has the law made a difference in Nigeria's healthcare sector?

Analysis of the Effectiveness of the Act

Despite the Act being in force for the past seven years, there persists a disturbing trend where health facilities deny treatment to gunshot victims in the absence of a police report. This refusal, stemming from a long-standing practice now deemed illegal, has resulted in tragic consequences, with lives lost due to delays in receiving essential medical attention.

The stories of David Nketim-Rex, Ebenezer Ayeni, and Greatness Olorunfemi are poignant examples that highlight the stark reality. David, a promising 22-year-old Systems Engineer, lost his life after being shot by armed robbers in Lagos. Despite being rushed to a hospital, he was rejected, showcasing the persistence of the police report requirement.

Similarly, the death of gospel music producer Ebenezer Ayeni in Ibadan in 2021 underscored the tragic consequences of this practice. Rejected by hospitals demanding a police report, Ayeni's life was cut short, leaving friends and family grappling with the devastating consequences of an ineffective system.

The case of Precious Owolabi, a Corp member who died of gunshot injuries in July 2019 as a result of being rejected at a private hospital is another example. The Corp member serving with Channels Television was covering the clash between the Nigeria Police Force and members of the Islamic Movement in Nigeria (IMN) when he was shot. The same story for Seyi Ademiluyi who was shot during a robbery attack in 2022. The incident happened in Lagos. The hospital where the victim was taken insisted on a police report before treating her.

The most recent case of Greatness Olorunfemi, who tragically lost her life after a one-chance attack in Abuja, further emphasizes the urgency of addressing this alarming issue. Likewise, on 14 October, a police officer with the Sango-Ota divisional police station also suffered the same fate after he was attacked and shot by armed robbers in his residence.

In response to the escalating crisis, Inspector General of Police, Kayode Egbetokun, has issued a directive to enforce the Act, emphasizing the need for police formations across Nigeria to uphold its provisions. Besides, the Federal Ministry of Health and Social Welfare through the Coordinating Minister of Health and Social Welfare, Prof. Muhammad Pate, has expressed concern over the continued rejection of gunshot victims by hospitals in the country and plans more sanctions for hospitals rejecting victims. This directive signals a crucial step toward rectifying the systemic flaws that have allowed this harmful practice to persist, but more needs to be done.

Call to Action

In the face of tragedies caused by the denial of medical treatment to gunshot victims due to bureaucratic hurdles, Nigeria's Compulsory Treatment and Care for Victims of Gunshot Act, 2017 must go beyond mere existence on paper. Implementing this crucial legislation requires concerted efforts and proactive measures, which include:

1. Advocacy for Awareness: The first step toward effective implementation is a robust advocacy campaign. Federal and State governments, alongside Ministries of Health, Ministries of Justice, CSOs and the Nigerian Police Force, should spearhead awareness programs. Sensitization through webinars, seminars, and workshops will educate law enforcement authorities, hospitals, and the public on their rights and obligations under the Act. Legal practitioners and advocacy organizations must amplify their voices to ensure widespread recognition and adherence to this essential law.

2. Ensure Effective Legal Consequences for Non-compliance: To ensure accountability, the police and other prosecuting authorities should shift their focus to prosecuting individuals, medical practitioners, hospitals including security agents, who fail to fulfil their duties under the Act, leading to fatalities. Holding both hospitals and security agents accountable for non-compliance will act as a deterrent, fostering a culture of adherence to the legislation.

3. Integration into Education and Training: Infusing the Act into the curriculum of Police Colleges and Medical Schools is essential for creating a culture of compliance from the grassroots. The Medical and Dental Practitioners Council of Nigeria should reinforce compliance through amendments to their rules of conduct, with the Medical and Dental Practitioners Disciplinary Committee empowered to sanction violations.

4. Reviewing Operational Procedures: A comprehensive review of standard operating procedures for both authorities and hospitals is imperative. Outdated processes must give way to new, streamlined approaches that align with the provisions of the Act. This overhaul is crucial to eliminating the longstanding practice of denying treatment to gunshot victims without a police report.

Conclusion

Ultimately, the Act stands as a beacon of hope for timely medical assistance to gunshot victims. The legislation, with its comprehensive provisions and penalties for non-compliance, seeks to eliminate obstacles that hinder swift treatment. However, the stark reality of continued rejections at hospitals highlights the urgent need for a proactive and coordinated effort. Hence, the outlined call to action can transform this critical law from a mere document into a powerful tool that safeguards lives, ensuring that no more lives are needlessly lost due to bureaucratic impediments. And also fulfils the lawmaker's intended purpose - preserving lives and upholding the principles of justice and compassion. The time to act is now, to translate legislative intent into tangible, life-saving outcomes.