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VOL. 8, ISSUE 1 (2022)
Case comment on esabunor & anor V faweya & 3 ORS
Authors
AHIAKWO Grace Abraham
Abstract
The question of who has the right to make healthcare decision for the minor has been a subject of heated legal controversy over the years. While the natural school of thought opined that parents have absolute legal right to make decision in respect of their children’s healthcare, other schools of jurisprudence are of the view that the state right to minor’s healthcare supersedes parental right. In Nigeria, a recent Supreme Court authority decided to the effect that in cases of emergency the State has absolute right to take over the minor for medical treatment without parental consent. To this end, this Case comment shall examine the parameters utilize by the Court to reach its decision, it shall analyse whether correct reasoning were employed and whether the conclusions therein is justified. It found out that in the Esabunor’s case under analysis, the State had fulfilled its role of preservation of the life of a minor albeit using an irregular procedure. The procedure appraised was the use of exparte application at the Magistrate Court to transfuse blood product on the minor without the Court hearing from the parents or considering parent’s alternative treatment choice or even calling for independent medical expert analysis before making the aforesaid order. The Case Comment recommended that in future cases the Court should take into consideration the rights of loving, caring and attentive parent’s in shouldering their God given responsibility for minor’s healthcare, and that Court should only step in to give healthcare directives where the parents have abysmally failed or neglected to care for their minor. It further Stated that the State should not seize children from their natural parents without complying with the eight questions or conditions prescribed for State’s intervention.
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Pages:40-46
How to cite this article:
AHIAKWO Grace Abraham "Case comment on esabunor & anor V faweya & 3 ORS ". International Journal of Law, Vol 8, Issue 1, 2022, Pages 40-46
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