Tega Esabunor & Anor V. Dr. Tunde Faweya & Ors (2019)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

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 delivered a Ruling. Relevant extracts from that Ruling reads:

Under the inherent jurisdiction of this Court to prevent the Commission of Offences, I hereby grant the prayer sought in this application as follows:

“The medical authorities of the Clinic of Chevron Nigeria Limited Lekki Peninsula Lagos are hereby authorised to do all and anything necessary for the protection of the life and health of the child TEGA ESABUNOR.

It is further ordered that the said medical authorities do revert to this Court to report their compliance with this order which shall forthwith be served on them.”