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Category Archives: Rights

The Compulsory Treatment And Care For Victims Of Gunshots Act, 2017: An Analysis

By Chigoziem Ellen Onugha Esq

GUN

One of the known characteristics of Laws is that it is dynamic and not static. An example is our Constitution which has been changed serially, with the current one being enacted on May 29, 1999. Even with that, the 1999 Constitution has also gone through a couple of amendments. Change in Laws is chiefly a direct consequence of developments within a given society. Of all the challenges confronting Nigeria, I am convinced that health problems are most discomforting, and therefore any attempt by the government to build solid foundations that suit each of the problems of the health sector is going to be a welcome one. Admittedly, the enactment of the COMPULSORY TREATMENT AND CARE FOR VICTIMS OF GUNSHOTS ACT 2017 is a direct attempt to underscore one of Nigeria’s problems with regards to health.

Nigeria has no doubt progressively changed and enacted Laws to take care of its ever-changing environments. One of the offshoots of such progressive changes has been the enactment of the COMPULSORY TREATMENT AND CARE FOR VICTIMS OF GUNSHOTS ACT, 2017.

Prior to December 20, 2017, lots of lives were being lost on a daily basis due to refusal to care and treat gunshot victims by hospitals, agencies of the government and even individuals. Before December 20, 2017; it was common to have people die of gunshot wounds simply because they could not provide either police reports or money for treatment. This is, indeed, careless on the parts of the hospitals, the governments, and individuals. The doctors, for one, appear to have forgotten the Oath they swear to at induction and had rather made money and other materials considerations the substance of their practice.

It is easy to see that the emergence of the Act in question is a complete game changer with regards to the abnormalities associated with the usual refusal to treat gunshot victims. The Act has taken care of thorny issues ranging from police procedures, hospital/hospital personnel’s involvements to that of the public involvement. Its provisions are far reaching, at least, to the extent of gunshot wounds and its victims.

The fourteen provisions of the Act alongside their sections are as follows:

  1. Right to treatment
  2. Duty to assist
  3. Notification of police
  4. Certificate of fitness
  5. Offense
  6. Relations to make statement
  7. Withholding information
  8. Protection of volunteers
  9. Persons guilty of the offense
  10. Duty to notify victim relations
  11. Offense of standing by
  12. Records
  13. Trial of a corporate body
  14. Restitution

Far reaching and beautiful as the provisions of this Act are, citizens who the law is meant to protect may not be able to take maximum benefits of same unless those shouldered with the responsibility of enforcing the law are alive to their various responsibilities. It is easy for this same law to go the way of others before it in terms of implementation.

Unlike the previous instance where the whole burden of safety was on a victim of gunshot wounds, the Act withdraws this burden and places them on the police and the hospital/hospital personnel. The Act also goes ahead to make provisions for restitution at the instance of a High Court to be made by a corporate body or a person convicted of an offense under this Act to a victim of the offense.

Similarly, issues relating to police reports and deposits before treatment of gunshot victims have been taken care of by the new law. We expect better results in that regards, as we encourage citizens to hold on to their rights. That is all we have got.

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Election Primaries through the Lenses of the Law

Compiled by Mr Lazarus M.A, Miss Jerum Uneje, R.A. Hwande Esq and S.P. Oobulu Esq

gavel-scales-justice2

Nigeria’s democracy is nascent and oscillates on a 4-year election cycle. As the present administration draws close to the end of its tenure, various political parties have conducted primaries across the Federation as stipulated by the legal framework regulating the conduct of elections in Nigeria. Political parties are legally saddled with the responsibilities of sponsoring their candidates’ campaigns for every political position for election.

The law perhaps is apt regarding the conduct of party primary elections regarding how a candidate can be elected. On this point, section 87 of the Electoral (Amendment) act, 2015 clearly lays down the procedure for the nomination of candidates by political parties which could either be by direct or indirect voting. The spirit of this section is in line with provision of section 36 of the 1999 constitution of the federal Republic of Nigeria which guaranteed fair hearing. By direct election, aspirants are given the opportunity of being voted for by all members of the party present at the election venue, while in indirect primaries aspirants are voted for by delegates (the number is usually determined by the position contested for). Whichever procedure (direct or indirect) a political party decides to adopt, the aspirant with the highest votes becomes the representative of the party.

Despite this injunction, the Media, Civil Society and other stakeholders report that the recently held primaries fell short of the provisions of the ELECTORAL (Amendment) ACT 2015. All the major Political parties failed to adhere strictly to the provisions of the subsisting legal framework as shown in a range of malpractices that shadowed the primaries across the country.

The APC (All Progressive Congress) adopted the indirect primary election procedure in Benue State. This system as earlier mentioned makes use of delegates who elect candidates on behalf of the party congress. However, it is alleged that the procedure was not strictly followed in practical reality. For instance, it was reported that during the House of Representatives election for Kwande/Ushongo Federal Constituency, violence ensued because of protests from delegates who alleged that they were being impersonated. Allegations of vote buying and tampering with the delegates list were also rife and thrown at 2 of the aspirants.

Elections-Rally

The PDP (Peoples Democratic Party) which also adopted the indirect election procedure also failed to comply with the provision of section 87 of the ELECTORAL (Amendment) ACT 2015. It is alleged that the PDP primary elections at all levels and stages in Benue state were marred by violence, supplanting of candidates, vote buying and clear case of God-fatherism. In Otukpo/Ohimini Federal Constituency for election for example, candidates were alleged to have been substituted.

From the above it is clear that the spirit and tenet of the above section of the Electoral Act was violated in its entirety. In any case, elections, be they at primary or general stage require strict compliance with the provision of the electoral act to ensure peaceful, orderly and smooth conduct. Any deviation from these provisions is punishable under the Act if found guilty by the court of law. For instance, section 122 of the Electoral Act provides for the offence of impersonation and criminalizing same. The punishment paragraph under sub section (1) of the above section stipulates that, if found guilty the person shall be liable for a maximum fine of 500,000 (five hundred thousand naira) or 12-months imprisonment.

 

Other alleged offences also took place. For example, it is widely reported that the All Progressives Congress (APC) failed to conduct the required primary elections for the State House of Assembly; instead, party big wigs selected candidates of their choice for the elections over those desired by the electorate. This is a clear violation of the subsisting electoral law.

The above stated violations have their consequences in varying degrees and dimensions including the following:

The rights of both the delegates and aspirants who have the mandate to vote or be voted for have been fundamentally denied and breached by leaders of the various political parties.

Another serious consequence is the potency of derailing the forthcoming general elections and its credibility.

Another consequence is the breeding of grounds for violence and unrest in the political ecosystem.

Based on the foregoing therefore, the following are recommended:

  • That the Independent National Electoral Commission intensify its monitoring of Party Primaries, investigate allegations and sanction erring Parties accordingly.
  • Sensitize political parties and their officials on the need to adhere strictly to the provisions of the subsisting legal framework regulating the conduct of elections
  • The justice system actors including the Police, the Judiciary and other stakeholders should be sensitized on the need to closely monitor, investigate and sanction erring individuals and parties accordingly.
  • Power brokers should be told of the need to ensure peaceful elections by midwifing a free and fair process thereby providing a level playing field for all.

Leaders of thought such as the traditional and religious leaders should be encouraged to preach against the culture of vote-selling as it inhibits community development subsequently.

 

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