A police report has been the cause of the death of many people in Nigeria, as many hospitals demand for a police report before they attend to gunshot victims. Reporting gunshot incidents by medical professions is a requirement in many countries around the world. In Ontario, Canada, the Mandatory Gunshot Wounds Reporting Act, 2005 requires hospitals and other prescribed health care facilities to report to police about an individual with a gunshot wound, as soon as is practical.
And in Nigeria, Section 4 of the Robbery and Firearms (Special Provisions) Act 2004 says it shall be the duty of any person, hospital or clinic that administers any drug to any person suspected of having bullet wounds to immediately report the matter to the police; and any person/hospital/clinic which fails to report this shall be guilty of an offence. But what the law said is that the health care facility should do the reporting and not the patient. And there is no specific timeline for the reporting to be done.
It is obvious that this law isn’t intended to put lives at risk but allow the police in the investigation of crime. Then, why do Nigerian hospitals demand report before treatment in such situations? Especially, considering that family of victims’ experience difficulty in obtaining the reports at the police station as police are usually reluctant to release these reports based on suspicion that the victim may be a criminal. But does this stop them from getting medical attention?
In 2014, however, the National Health Act (NHA) was passed and Section 2 provides that a healthcare provider, health worker or health establishment shall not refuse a person emergency medical treatment for any reason; and a person who contravenes this section commits an offence and is liable on conviction to a fine of N100, 000 or to imprisonment for a period not exceeding six months or to both. And in 2017, the lawmakers decided to hit the nail on the head by passing the Compulsory Treatment and Care for Victims of Gunshots Act 2017, which provides that any hospital in Nigeria whether public or private shall receive and accept for immediate treatment anyone with a gunshot wound.
This Act safeguards the interest of the victim to get medical treatment without interfering with the duty of the police, which is to apprehend and prosecute criminals. In section 1, it says a person with a gunshot wound should be given adequate treatment without initial monetary deposit; Section 3 says 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. Section 10 provides that volunteers or helpers of gunshot victims have the right to be treated with respect and not to be subjected to unnecessary and embarrassing interrogation, in their genuine attempt to save life. Section 4 indicates that medical facilities still have a duty to report incidents of gunshot victims to the police within two hours of receiving such persons.
But has the Act helped? Not really. However, but for those who now know the provisions of the law, they can properly inform the hospital about the legal implications of their actions.