“The refrain is the same: “Bring police report first.” But what does the law actually say? The Constitution: Life Is Not Conditional.”
It is 9:45 p.m. on a rainy evening in Lagos.
Mama Basit’s son has been rushed to a private hospital. He was shot by unknown assailants while returning from work. He is bleeding. His breathing is shallow. And every second matters.
A nurse looks at the family and says quietly:
“Go and bring police report first.”
Before dawn, the young man is dead.
This story is fictional. But Nigerians know it is also real.
We have heard it before. We heard it in 2023, when Greatness Olorunfemi, a “one chance” robbery victim, was reportedly denied emergency care by Maitama District Hospital.
We heard it again in June 2025, when 20-month-old Emmanuel Eleweke reportedly died after treatment was delayed over demands for documentation.
The refrain is the same:
“Bring police report first.”
But what does the law actually say?
The Constitution: Life Is Not Conditional
Section 33 of the Constitution of the Federal Republic of Nigeria guarantees the right to life. Section 34 protects human dignity.
These rights are not conditional on paperwork. They are not suspended because an injury may involve a crime. They do not wait for administrative clearance.
In constitutional law, when life is at risk, the State, and institutions operating within it, must act to preserve it.
Emergency care is not charity. It is a legal duty.
What The Gunshot Act Really Provides
The Compulsory Treatment and Care for Victims of Gunshot Act, 2017 was enacted precisely to end the culture of “bring police report first.”
Section 1 of the Act provides that any hospital in Nigeria, public or private, shall accept and treat any person with gunshot wounds with or without police clearance.
That phrase is deliberate.
Treatment does not depend on prior police authorisation.
The law does not ignore law enforcement. It simply orders the sequence correctly.
Section 2(2) requires that the hospital report the case to the nearest police station within two hours of commencing treatment.
Investigation Follows Care
Documentation follows rescue.
This is not a contest between medicine and policing — it is the law’s proper ordering of priorities.
Refusal to treat is a criminal offence punishable by up to five years’ imprisonment, a fine of ₦500,000, or both.
Emergency Care Is Broader Than Gunshot Cases
The obligation does not end with gunshot wounds.
Section 20(1) of the National Health Act 2014 explicitly provides:
“A health care provider, health worker or health establishment shall not refuse a person emergency medical treatment for any reason.”
For Any Reason
Section 20(2) makes violation an offence punishable by a fine of ₦100,000, imprisonment for up to six months, or both.
Whether it is a road accident, cardiac arrest, violent assault, obstetric emergency, or severe trauma, the law prohibits refusal.
The right to emergency care is statutory. It is constitutional in implication. And it is enforceable.
If the Law Is Clear, Why Does the Problem Persist?
Some hospitals argue that they fear becoming entangled in criminal investigations. Others cite security concerns or lack of equipment.
These concerns are not trivial. Healthcare providers operate in a difficult environment. Many facilities lack adequate trauma infrastructure. Police cooperation is sometimes inconsistent. There are genuine institutional weaknesses.
But the solution cannot be refusal.
In November 2025, the House of Representatives took formal notice of this crisis. Hon. Rodney Ebikebina Ambaiowei, citing the preventable death of Arise TV producer, Sommie Maduagwu, and the clear mandate of Section 20 of the National Health Act, moved a resolution calling for the enforcement of emergency treatment obligations nationwide.
The House mandated its Committees on Health Institutions and Healthcare Services to monitor compliance and directed the Ministry of Health to ensure hospitals possess emergency response capacity as a condition of operation.
The legislative branch has signaled its intent.
What remains is enforcement.
This Is Not An Attack On Doctors
Let this be clear.
This conversation is not about attacking healthcare workers. Many doctors and nurses risk their lives daily to save others. Many hospitals comply faithfully with the law.
But institutional culture sometimes lags behind statutory reform.
The phrase “bring police report first” did not come from nowhere. It grew out of years of fear, outdated administrative circulars, and misunderstanding of legal obligations.
The law has changed.
Practice must change with it.
What Happens If A Hospital Refuses?
The consequences are not merely moral — they are legal.
Criminal Liability under the Gunshot Act and National Health Act.
Civil Liability for negligence or breach of statutory duty.
Constitutional Enforcement actions for violation of the right to life and dignity.
Regulatory Sanctions By Professional Bodies
Consumer Protection Complaints under the Federal Competition and Consumer Protection Commission framework and the Patients’ Bill of Rights.
Emergency refusal is not just bad optics. It is unlawful.
A Matter of Public Awareness
Many Nigerians do not know their rights in emergencies. Families panic. They plead. They negotiate.
They do not invoke the law.
The National Institute for Legislative and Democratic Studies (NILDS) has now formally recommended a national education campaign on patient rights and emergency obligations, alongside a public hearing involving the Inspector-General of Police and the Minister of Health.
These are concrete, actionable steps. They deserve implementation.
Public knowledge is not agitation. It is empowerment.
When citizens know that the law requires treatment first and reporting within two hours, they can insist — respectfully, but firmly — on compliance.
Law As Shield, Not Decoration
The true test of a legal system is not the beauty of its statutes but their effect in moments of crisis.
When a bleeding patient is wheeled into a hospital, the law must function as a shield — not as framed legislation gathering dust.
“Save life first. Ask questions later.”
That is not merely a moral slogan. It is the law of the Federal Republic of Nigeria.
If even one hospital administrator revises internal policy because of this discussion, if even one police officer understands the two-hour reporting sequence, if even one family insists on lawful treatment, then the statute has moved from paper to practice.
And, perhaps, somewhere in Nigeria, a life will be saved because someone knew what the law really says.
•Sanu, Executive Director of the Medical Cannabis Project Nigeria, is a Nigerian lawyer and health law scholar with research and practice interests in digital health law, mental health law, medical negligence, and comparative health regulation. He can be reached vide telephone No. +234 8166182359 or email: sanuattorneys@gmail.com.
