Health
Nigerian Court Legalizes Blood Transfusion For Jehovah Witness Children
With the incessant and unnecessary loss of lives due to refusal of accepting blood transfusion which could have saved the life especially that of children who depend on their parents consent to be saved in such context.
The Parents might refuse based on their religious beliefs which they claim frown at blood transfusion and some other form of medications.
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With the latest court ruling, doctors can now take step to transfuse blood to a child or administer any medication to save the child’s life despite the religious beliefs of the parents who may oppose same.
The Supreme Court in TEGA ESABUNOR & ANOR. VS. DR. TUNDE FAWEYA & 4 ORS (2019) 7 N. W. L. R, PART. 1671, P. 316 @ PP. 340, PARAS. C-G, 344, PARA. C, 347, PARAS. D-E laid this quagmire to rest.
In the aforementioned case, the 2nd Appellant who is a member of JEHOVAH’S WITNESSES CHRISTIAN sect gave birth to little Tega on the 19th April, 1997, at the Chevron Clinic, Lekki Peninsula, Lagos State.
On 11th May, 1997, within a month of his birth, her son fell gravely ill and was taken back to Chevron Clinic. Dr. Tunde Faweya immediately commenced treatment and after administering several medications, the child had poor colour, was convulsing and having difficulty in breathing.
Upon proper diagnosis, it was discovered that the child urgently needed BLOOD TRANSFUSION to stay alive.
Surprisingly, the mother and father of the dying child objected to the blood transfusion because their religious belief required them to abstain from blood transfusion.
The Doctor however, did not agree with the parents. He promptly incidented the matter to the Nigeria Police Force on the strength of which the Police filed a Motion ex-parte before the Magistrate Court pursuant to sections 27(1) and 30 of the Children and Young Persons Law, Cap. 25, Laws of Lagos State, 1994, for an order that the Hospital be allowed to do all and anything necessary for the protection of the life and health of the Child and same was granted.
Armed with the Order, the Child was taken away from the parents and the blood transfusion was carried out. After he became well, he was handed over to the parents.
Being irked by the decision of the doctor to carryout the blood transfusion against their wish, the mother filed an action in Court against the doctor, hospital, Commissioner of Police and even the Magistrate that granted the order was made a party.
The matter was dismissed both at the High Court and Court of Appeal.
The 2nd appellant is the mother of the 1st appellant. She gave birth to him on April 19, 1997 at the Chevron Clinic, Lekki Peninsula in Lagos. Within a month of his birth (i.e. on 11 May, 1997) he fell gravely ill.
His mother, the 2nd appellant, took him back to the Chevron Clinic on 11 May, 1997 for urgent treatment.
It was the 1st respondent who treated the 1st appellant. He found that the 1st appellant urgently needed blood transfusion.
The 2nd respondent and her husband made it abundantly clear to the 1st respondent that on no account should their child (the 1st appellant) be given blood transfusion.
Their reason being that there were several hazards that follows blood transfusion such as contracting Aids, Hepatitis etc and that as members of the Jehovah witness sect, blood transfusion was forbidden by their Religion. Dr Tunde Faweya (the 1st respondent) remained unyielding.
The next day, the learned counsel for the Commissioner of Police, Lagos State moved an Originating Motion Exparte before the 5th respondent.
The motion was brought under Section 27 (1) and (30) of the Children and Young Person’s Law Cap 25 of Lagos State.
The relief sought was: “that the medical authorities of the Clinic of Chevron Nigeria Limited Lekki Peninsula Lagos be allowed and are hereby permitted to do all and anything necessary for the protection of the life and health of the child TEGA ESABUNOR and for such further order or orders as the Court may deem fit to make in the circumstances.”
After hearing counsel, the Chief Magistrate granted the application under its inherent jurisdiction.
On receipt of the Order of the Chief Magistrate, the 1st respondent administered blood transfusion on the 1st appellant on the same day. (i.e. May 12, 1997)
The 1st appellant got well and was discharged. His mother took him home. On May 15, 1997 the 2nd appellant filed an application on notice wherein she sought for the setting aside of the order made on 12 May, 1997.
The application was unsuccessful. It was dismissed on May 21, 1997.
The appellants’ were dissatisfied with the proceedings before the Chief Magistrate, so they approached the High Court for an order of Certiorari and damages of N10 million.
In a considered ruling delivered on May 28, 2001 the learned trial judge refused their prayers and claims.
The appellants’ were not satisfied with the ruling of the High Court. They filed an appeal.
The Court of Appeal, Lagos Division, heard it and the decision of the High Court was affirmed.
Further dissatisfied, the Appellants appealed to the Supreme Court.
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