A Critical Analysis of the Meeting Point of Law, Medicine and Religion in Contemporary African Jurisprudence: The Nigerian Supreme Court’s Decision in Tega Esabunor & Anor v. Dr Tunde Faweya & Ors. in Focus
- Post by: airjournals
- July 2, 2021
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The Supreme Court decision Tega Esabunor & Anor v Dr Tunde Faweya & Ors address an interesting issue of the right of a Minor to accept or reject certain medical treatment on the basis of religious conviction, especially with regards to that which involves the life of the child in question. In the case at hand, the line of medical treatment involved was blood transfusion. Nevertheless, when it comes to the constitutionally guaranteed right to practice once religion, there is no doubt that an adult can chose which medical treatment to take and not to take, different consideration applies when minor is involved. This article argues that when it comes to the right of a minor, the parents ought to have a say in the choices of medical treatment to be administered to their child especially when such line of treatment contradicts the religious beliefs of the parents. What is more, particularly with blood transfusion, failure of the Court to take into consideration recent scientific and alternative to blood transfusion will lead to a situation of boxing a certain group to the corner. The aim of this article, among others, is to proffer solutions to this growing problem that can be created if the Supreme Court decision in the Tega case is applied to the latter without regard to the recent development in science when it comes to treatment that has to do with blood transfusion. This article also provides proven alternative to blood transfusion which, over the years, has proven to be worthwhile in application. This article finally concludes that if the decision of the Supreme Court is applied, without taking into cognizance the recent development in the fields of medicine and science, it could to working great injustice on ground.
Keywords: Meeting Point of Law; Tega Esabunor; Constitution; Contemporary African Jurisprudence
Prof. Enwo, J. J.
University of South Australia