“A hero is judged by his or her performance and by the positive impacts achieved” …Professor Ali Mazrui.
he call made last week by the Inspector General of the Nigeria Police Force (IGP) Mr. Kayode Adeolu Egbetokun that all accident and gunshot victims should be provided with prompt compassionate treatment at hospitals without a Police report is commendable. This is especially given the fact that the IGP’s directive is in line with the enforcement of the Compulsory Treatment and Care of Victims of Gunshot Act, 2017 which stipulates that all healthcare practitioners should prioritize the immediate care and stabilization of such patients based on the criticality of the timeliness of medical intervention in saving lives.
Enforcement of existing Law
However, it is worthy of note that the above-mentioned Act does not cover accident victims. In addition, despite the existence of the Compulsory Treatment and Care of Victims of Gunshot Act, which was signed into law in 2017; hospitals and medical practitioners still turn their backs not just on gunshot victims but also on accident victims that need urgent medical attention. Interestingly, so far there have not been any consequences of refusal of hospitals or medical practitioners to comply with the provisions of that law, which would have sent the signals that compliance is key. Importantly also, is the fact that the majority of Nigerians are not even aware that such laws exist so that they can take legal action against hospitals or medical practitioners that refuse to comply with the law. This is so because the Act is succinct with regards to non-compliance, for example:
Section 9 of the Act stipulates that “A person who commits an offense under this act, which leads to or causes substantial physical, mental and emotional damage to the victim, commits an offense and is liable on conviction to imprisonment for a term not more than 15 years and not less than 5 years without the option of fine”.
Section 11 of the Act also stipulates that “Any person or authority, including any police officer, other security agent or hospital who stands by and fails to perform his duty under this act which results in the unnecessary death of any person with gunshot wounds, commits an offense and is liable to a fine of N500,000.00 or imprisonment of a term of 5 years, or both”
The above sections are germane with regard to the importance of the law, when and if not applied. Therefore, the IGP’s directive requires follow-up actions that will ensure the sensitization of the public about the existence of this law on one hand and the enforcement of the law on the other hand, otherwise the IGP’s directive will only be rhetoric.
Essentially, therefore, I urge the IGP, Minister of Information and National Orientation, the Ministers of Health, other relevant agencies of Government, Civil Society Organisations, other critical stakeholders, and also importantly the mass media – the 4th Estate of the Realm for embark of massive sensitization of the public all over the Country to know about the Compulsory Treatment and Care of Victims of Gunshot Act, 2017, its provisions and action process of ensuring that the law works for the people.
Urgent need for legislation on protection of accident victims
The gap in the Act, of non-inclusion of Accident victims or the non-enactment of a law to cover accident victims also needs to be addressed as a matter of national priority. I am of the option that the gap can be catered for in the interim by a Presidential intervention using an Executive Order. This very important and lingering matter can be laid to rest if it is taken seriously (as it should be) by immediately giving it legal backing, pending full legislation. This kind of intervention is practiced in other Countries where a high premium importance is placed on human lives (and even those of animals). Therefore, they give full attention and care to their citizenry and other nationalities resident in those Countries. Mr. President, I advocate that there should be legislation and laws enacted that will bridge the gap in our medical practice
As it is today in Nigeria, there are no prudential guidelines or laws that guide the action of medical practitioners and hospitals with regard to the treatment of accident victims without a Police report. Even when the Police report is presented (mostly after long and difficult processes), the hospitals either rightly or wrongly reluctantly treat such emergencies with the dispatch and respect they deserve. In some pathetic cases, the hospitals refuse to provide such interventions to Nigerians and indeed any other person who requires urgent medical attention which is against their professional oath and code of conduct.
There are currently no laws that assist medical practitioners to treat such critical accident emergencies without fear of negative consequences or in the case of the bad/ wicked medical practitioners, there should be consequences for refusing to act in such accident emergencies.
To the Doctors. nurses and other medical practitioners., I urge you to show compassion and empathy. The attitude of some of you should change. The majority of our medical practitioners have a high sense of empathy, compassion, duty, and professionalism. I have come across great Doctors, Nurses, and medical practitioners who practice with a high sense of professionalism, humanity, and fear of God. Sadly, there are also some horrible Doctors, Nurses, and medical practitioners, and what is worrisome is that the number of these wicked practitioners is increasing daily. I hope that the Nigerian Medical Association and other professional organizations in the health sector will deal decisively with the bad ones amongst them in order to fully restore the respect of this noble profession.
Full immunity and protection should be given to first responders, Hospitals, Doctors, and all medical practitioners who provide any form of intervention to save the lives of accident and gunshot victims. In other Countries, such people and/ or establishments are heroes, but in Nigeria, in many cases, kind and honorable people mostly end up being treated as criminals, or aiders and abettors of criminals, fugitives/ suspects and may even face prosecution simply because they followed their basic instincts of attempting to help and save lives. The situation is so bad that people simply drive by or walk by victims of accidents or gunshot wounds because of the fear of dire consequences. Those people who want to help but cannot out of fear of negative repercussions are also impacted because most of them become permanently psychologically scarred by the horror of the flashes of the bodies and faces of the victims they abandoned while in need of urgent help. Most of them live the rest of their lives struggling with PTSD (Post Traumatic Stress Disorder), which manifests in so many horrible mental and physical ways. We should not allow this sordid situation to continue and therefore we should all act swiftly and properly. After all, nobody knows the situation he/ she or their loved ones may someday find themselves in.
Therefore, all of us; Mr. President, The Honorable Ministers of Health, Police, Justice, Youth and Social Development, Humanitarian Affairs and other relevant agencies in the Executive Arm of Government at Federal and State; The Senate and House of Representatives of the National Assembly and the State houses of Assembly, the Judiciary, political parties, Civil Society Organizations and all well-meaning citizens that as a matter of national priority we should play our roles from sponsorship of relevant bills, supporting the bills, attending public hearing and making contributions, passing laws and ultimately signing into law the laws that will give more legal backing and effect to this critical need to save lives of accident victims to avoid avoidable loss of lives and livelihoods.
A humble request and advocacy for an Executive Order
Your Excellency, Mr. President, succor can come by way of an Executive Order, as a critical interim measure, pending a full process of legislation. Provisions could be embedded in the Executive Order, such that criminals, fugitives, or suspects will be provided for while ensuring that relevant agencies of Government move swiftly to ensure that justice is still done after the provision of the intervention. For example, in the case of accident victims who are not covered by the Compulsory Treatment and Care of Victims of Gunshot Act of 2017; as soon as victims are received, a prudential guideline should be activated to inform all the relevant law enforcement agencies, for example, the Nigerian Police Force secure the suspect or convict while medical intervention is being provided and they care over the person after discharge from the hospital or facility and continue with case of persecution. Other risk management mechanisms will be in the guidelines to ensure that criminals or terrorists are not given cover to go back into society. But if we allow the matter to continue without attention, in a Country of over 200million citizens and millions of other nationalities resident in the Country, with serious health challenges and other socio-economic dynamics; the physical, mental, emotional, and psychological impacts will have a ripple effect on the nation. Your Excellency, there is a need for quick action on the Executive Order and importantly to ensure that all agencies of Government that are concerned do the needful, especially the enforcement and sanctions for non-compliance.
Mr. Your citizens and indeed any other person that needs such intervention within the boundaries of this Country.
