TO TREAT OR NOT TO TREAT?
On the 26th of September 2023, a young woman named Greatness Olorunfemi passed away in Maitama District Hospital, Abuja after allegedly bleeding to death. The young lady was severely injured after being thrown out of a vehicle along the Maitama-Kubwa Express by “one chance” robbers on Tuesday. According to social media, when she was rushed to the facility for immediate care, Greatness was allegedly denied treatment because a police report was not provided. A witness identified as West Robinson, narrated in a video, with the victim lying on the floor, that he and some bystanders had rushed her to the hospital, where she died after being denied treatment.
As expected, the case gathered great momentum and before you could say ‘Chicago State University’, the Federal Capital Territory Police Command instituted an investigation into the report of the young woman’s death.
And yet again, debates about the relevance of a police report as requirement for treating victims of assault by health workers, resurfaced.
Please write this down, ultimately, it’s not corruption that will ruin us in this country but ignorance. Blissful, shameful and dangerous ignorance.
In 2017, the Compulsory Treatment and Care for Victims of Gunshot Act, 2017 was signed by the Nigerian President. The Act hit the bulls-eye of gunshot victims’ right to human dignity as it brilliantly spells out the obligations of security agents and hospitals on the treatment and care of gunshot victims. However, despite the penalties which combine both imprisonment terms and fines for persons who fail in their duty to assist, treat, and care for gunshot victims, evidence reveal that there have been continued reckless breaches of the Act. Ex-president, Muhammadu Buhari signed the Compulsory Treatment and Care for Victims of Gunshot Act 2017 to prevent Nigerians from dying, especially from gunshot wounds.
On his part, the President of the Nigerian Medical Association, Professor Innocent Ujah reiterated that doctors do not need to see a police report or even think about fees before treating a patient during an emergency. Ujah, on a programme on Channels TV stated that the most important thing was for doctors to save the lives of patients brought in during an emergency.
What seems to be the problem then?
In Nigeria, as in some other parts of the world, healthcare workers may be reluctant to treat victims of gunshot injuries for various reasons, although it’s important to note that these reasons can vary among individuals and circumstances.
This country has experienced instances of violence and insecurity, including attacks on healthcare facilities and personnel. Healthcare workers may fear for their safety when treating victims of gunshot injuries, especially if the violence is ongoing or if there’s a lack of adequate security measures in healthcare settings. Additionally, health workers may fear retaliation from criminal elements or armed groups if they are perceived as providing care to individuals involved in violence. This fear could be a significant deterrent to offering medical assistance to victims of gunshot injuries.
Another reason for the reluctance to treat gunshot victims or assault victims are concerns about the legal implications, especially if there are uncertainties regarding the circumstances leading to the injuries. Fear of legal repercussions could influence their willingness to provide care.
Whatever the reasons, failure to attend to victims of gunshot or assault in a hospital setting, by the health workers, is a gross violation of human rights and if the investigation proven to be true, then the health workers should face the true wrath of the law.
In fact, the National Publicity Secretary of the Nigerian Bar Association (NBA), Mr. Kunle Edun, has said many times, that any hospital that rejects a gunshot victim should face criminal prosecution for violating the material provisions of the Compulsory Treatment and Care for Victims of Gunshots Act, 2017 with impunity.
A medical doctor’s first priority is to save lives. He or she does not need any permission before he attends to any emergency.
The second issue in this predicament is that the law enforcement agencies in this country have lost their bearing in terms of control. The fact that security agents in Nigeria are fond of exhibiting lackadaisical attitude towards their job in general, and the slowness to respond, as well as the unfortunate presumption by the security forces that anyone with gunshot injury is simply a criminal have all contributed to the scores of deaths stemming from gunshot wounds.
Even when they know the law compelling doctors to treat victims, security agencies will make you face hell when they take you in for questioning. By the time they are done with you as the health worker, you will begin to doubt yourself and wonder if saving the life of that armed robber was worth it. And that is even when you are handled by the very few, kind-spirited, willing-to give-youa-fair hearing police officer.
However, if you are down on your luck and happen to meet the other kind of trigger happy, mean -spirited lot, whose tempers rise faster than gari in cold water, then, I can assure you that, you will come our confessing to crimes you did not commit. When the police are eager to make an arrest, the easiest scapegoat is the doctor who had the misfortune of treating the victim. Perhaps they were friends with the robbers?
For many years, a colleague was held unjustly by law officers simply because he treated Boko Haram members and their victims in a local government hospital. In his naïve mind, everyone deserved treatment. Health as a universal human right and all that hogwash. That good doctor was locked up for seven years. It is no wonder doctors are sceptical about treating gunshot and assault victims.
However, it is like the NMA President said: ‘These law enforcement agents lack proper education, and therefore resort to unscrupulous methods. They have no business asking victims of medical emergencies to provide police reports’. He was quoted as saying: “The Nigeria police should be educated on the role of the medical doctor”.
The Constitution of the Federal Republic of Nigeria, 1999, as amended (CFRN) guarantees the right to life. The CFRN states to the effect that except in the execution of a court sentence when someone has been convicted for a crime, no one shall be intentionally deprived of his life. The law is explicitly clear that “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”. The person is therefore, to be treated, with or without a report. In addition, it also adds that ‘It shall be the duty of any person, hospital or clinic that admits, treats or administers any drug to any person suspected of having bullet wounds to immediately report the matter to the police.’ (Section 4 (2) of the RFSP Act).
Let us end this debate once and for all. Health care workers should be responsible and take up their duties seriously. Treat victims and then, report. Security agencies should follow proper protocol to investigate cases and stop looking for scape goats.
We have enough problems in this country.
Can you imagine that a Lipton Yellow label tea cost N800! The small one fa! APC is working!
Whatever the reasons, failure to attend to victims of gunshot or assault in a hospital setting, by the health workers, is a gross violation of human rights and if the investigation proven to be true, then the health workers should face the true wrath of the law.