Treash:
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Doctors can carry out blood transfusion on a child despite the fact that the religious belief of the child forbids it.

The Supreme Court decided a case wherein one little Tega was born in 1997 at Chevron Clinic, Lekki Peninsula and he fell ill after a month. He was taken back to that hospital by his parents who were members of the Jehovah's Witness church, and the doctor in charge, Dr Tunde Faweya commenced treatment where it was discovered that the child had convulsion and difficulty in breathing which renders several medications to fail. The innocent child was further diagnosed and it was discovered that he needs blood transfusion to stay alive.

Surprisingly, the child's parents objected to the said blood transfusion on the ground that they were members of the Jehovah's Witness church which forbids such practice. The doctor however did not agree with the parents and he promptly incidented the matter to the police where application was made to the magistrate court that the said doctor be allowed to do all and anything necessary for the protection of the life and health of the Child and same was granted. The child was collected from the parents on the ground of this order and blood transfusion was done. The parents, being irked by this decision, sued the doctor, the Nigeria police and the magistrate that gave the order.

The Supreme Court held that all adults have inalienable rights to make their decision, including rights either to refuse or take blood transfusion so far as such adult is of sound mind. However, the case of the child is different entirely. because a child is incapable of making decisions for himself and the law is duty bound to protect such a child from abuse of his rights even by the child's parents. The doctor was therefore justified.

Source: 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

Please note that by virtue of Child Right Act, 2003, a child is any person who is below the age of 18 years. Therefore, blood transfusion can be done on someone below the age of 18, with or without his consent.


Barr Adeolu Ayo Aderinto.