Categories Uncategorized

AN EVALUATION OF BANKER-CUSTOMER RELATIONSHIP IN NIGERIA

Author Ayobami Olatunde Categories Uncategorized Posted on

Introduction

The words ‘banker’ and ‘bank’ are frequently used interchangeably. Banker may be defined as an incorporated body carrying on the business of receiving deposits on current account, savings account or other similar account; paying or collecting cheques that are drawn by or paid in by customer; provision of finance; or such other business as the Governor may, by order published in the Federal Gazette and designate as banking business. Banks are primarily engaged in the business of banking as their core function.

A customer is any person having an account with a bank or for whom a bank has agreed to collect items and this includes a bank having an account with another bank. 

THE BANKER-CUSTOMER RELATIONSHIP

The relationship subsisting between banker and customer is basically contractual and fundamentally that of Debtor and Creditor. It also consists of general and special contracts arising from the particular requirements of the banking business. As such, the relationship existing between banker and customer cannot be exhausted. Therefore, the services rendered or products sold by bank to its customer would always determine what relationship subsists between Bankers and Customers at any point in time.

These relationships include but not limited to;

  1. Relationship of Debtor and Creditor: When a customer opens an account with a bank and if the account has a credit balance, then the relationship is that of debtor (banker/bank) and creditor (Customer.) The customer has the right to demand back his money whenever he wants it from the banker and the banker must repay the balance to the customer. A customer remains a creditor only when there is credit balance in his account with the banker. The creditor (the customer) must demand payment as the debtor (banker) will not repay the debt on his own. However, in case of fixed deposits, the bank must inform a customer about maturity. The creditor must demand for the payment at the right time, place and in a proper manner. The demand must be in form of cheques, withdrawal slips, or pay order. Now-a-days, banks allow e-banking, ATM, mobile-banking, etc. In case of loan/advance accounts, the banker is the creditor, and the customer is the debtor because the customer owes money to the banker. The banker can demand the repayment of the loan/advance on the due date and the customer has to repay the debt. 
  • Relationship of Pledger and Pledgee: This happens when the customer pledges (promises) certain assets or security with the bank in order to get a loan. In this case, the customer becomes the Pledger, and the bank becomes the Pledgee. Under this agreement, the assets or security will remain with the bank until a customer repays the loan. 
  • Relationship of Licensor and Licensee: This happens when the banker gives a sale deposit locker to the customer. So, the banker will become the Licensor, and the customer will become the Licensee. 
  • Relationship of Bailor and Bailee: Bailment is a contract for delivering goods by one party to another to be held in trust for a specific period and returned when the purpose is ended. Bailor is the party that delivers property to another and Bailee is the party to whom the property is delivered. So, when a customer gives a sealed box to the bank for a safe keeping, the customer becomes the bailor and the bank, the bailee. 
  • Relationship of Trustee and Beneficiary: A trustee holds property for the beneficiary, and the profit earned from this property belongs to the beneficiary. If the customer deposits securities or valuables with the banker for safe custody, the banker becomes a trustee of his customer. The customer is the beneficiary; the ownership, however, remains with the customer.
  • Relationship of Principal and Agent: The banker acts as an agent of the customer (principal) by providing the following agency services:
  • Buying and selling securities on his behalf.
  • Collection of cheques, dividends, bills or promissory notes on his behalf.
  • Acting as a trustee, attorney, executor, correspondent or representative of a customer.
  • The banker as an agent performs many other functions such as payment of insurance premium, electricity and gas bills, handling tax problems, etc.
  • Relationship of Advisor and Client: When a customer invests in securities, the banker acts as an advisor. The advice can be given officially or unofficially. While giving advice the banker has to take maximum care and caution. Here, the banker is an Advisor, and the customer is a Client.
  • Obligation to honour cheques: As long as there is sufficient balance in the account of the customer, the banker must honour all his cheques. The cheques must be complete and in proper order. They must be presented within six months from the date of issue. However, the banker can refuse to honour cheques where they reasonably suspect fraud or the account has been frozen by relevant authorities.
  • Secrecy of customer’s account: When a customer opens an account in a bank, the banker must not give information about the customer’s account to others. Exceptions to the duty of secrecy are; where the bank has to give evidence in legal proceedings, where disclosure is made with express or implied consent of the customer, where the bank is suing for an overdraft and where there is duty to the public to disclose.
  1. Banker’s right to claim incidental charges: A banker has a right to charge a commission, interest or other charges for the various services given by him to the customer. For example, an overdraft facility.

PROBLEMS ASSOCIATED WITH THE BANKER AND CUSTOMER RELATIONSHIP                    

The aim of any manager of a bank is to satisfy the need and desires of his customers. The customer relative’s desk is the heart beat of any banking operations. Though efforts have been made towards achieving a good relationship between Bankers and Customers, it has however not been easy due to the following problems;

  1. Poor attitude to work by bank staff.
  2. Frauds perpetrating by both bank staff and customers.
  3. Inadequate modern equipment; such as computer.
  4. The problem of distress in the industry.
  5. Poor communication services, unreliable power supply and telecommunication system.
  6. Lack of adequate training on the part of the staff.
  7. Lack of education and experienced staff.

TERMINATION OF THE BANKER/CUSTOMER RELATIONSHIP

The Banker and Customer relationship terminates when any of these occurs:

  • Termination by the Customer
  • Termination by the bank
  • Termination by Law:
  • Death of the customer;
  • Mental incapacity of the customer
  • Bankruptcy or insolvency of the bank or customer.

.

BENEFITS OF GOOD BANKER/CUSTOMER RELATIONSHIP

There are significant benefits Banks and Customers can derive from good relationships with each other. These include:

BENEFITS TO BANKS

  1. Effective and efficient operation
  2. Increase customer satisfaction
  3. Growth in number of customers
  4. Maximization of opportunities (i.e. increased services, referrals)
  5. Increase access to a source of market competitor information.
  6. Highlighting poor operational processes.
  7. Long-term profitability and sustainability

BENEFITS TO CUSTOMERS

  1. Risk and stress reduction
  2. High-quality service

CONCLUSION

The Nigerian banking industry must understand the importance of Customer Relationship Management in improving the organizational performance of the banks. Banks should focus on increasing their employee’s knowledge-ability and improving their attitude to ensure higher levels of customer relationship management. Effective discharge of Customers and Bankers various rights as well as duties they are both bound with, would go a long way to aid their relationship. Also, Banks should ensure safety of e-banking transactions thereby protecting and safeguarding the interest of customers.

References

1. Banker and customer relationship in Nigeria banking industry by Modish (online) August 20, 2019 Www.modishproject.com/banker-and-customer-relationship-in-nigeria-banking-industry

2. Www.grossarchive.com/project/592/an-evaluation-of-bank-and-customer-relationship-in-nigeria-banking-service

Written By: IBUKUN AJOMOLE ESQ.

Categories Civil Law, Legal Advice

LANDLORD & TENANT RELATIONSHIP: (The Rights and Obligations of Tenants Under Tenancy Laws of Kwara State)

Author Ayobami Olatunde Categories Civil Law, Legal Advice Posted on

Introduction

The law[1] expressly stated that there shall exist a relationship of landlord and tenant and also define the relationship between them to mean:

 “a situation where an interest in property is created in favor of a person out of an interest vested in another property in the same property”.

Such interest created in the relationship between Landlord and Tenant is regarded as Tenancy. This usually for a certain period depending on the agreement between the parties. The duration for tenancy is regarded as the “term”. The tenancy can either be yearly, quarterly or monthly e.t.c.

In ordinary parlance, landlord is the owner or holder of the property given out to another person, who use same for a particular duration for a fee.   The tenancy laws that regulate the relationship between landlords and tenants generally in Kwara State is Landlord and Tenant Laws CAP. L4, Laws of Kwara State 2006.[2]

Creation of Tenancy[3]

The law recognize two major ways by which the tenancy can be created.

  1. The first is that it can be created by act of the parties or by the agreement of the parties.
  • It may arise by operation of law where tenancy is created by virtue of the existence of law, not as a result of the act of the parties.

The mode of tenancy creation can either be orally or in writing. Parties can create tenancy verbally, that is, by oral communication between them.

On the other hand, parties can create it in writing where terms and covenants are clearly stated. The writing can either be under hand or deed.

It must be explained here that a tenancy created by deed out of a right of occupancy for a particular duration is called sub-lease. It doesn’t matter whether the option to renew is made available or not. In this regard the nomenclature of the landlord or holder of right of occupancy will change to sub-lessor and that of the tenant is sub-lessee.

Who is a Landlord

A landlord is the owner of the property who is creating interest in such property in favor of another person. He is the one who is granting tenancy in favor of another. He in turn receive or collect what is regarded as rent from the person.

The law also recognize the holder of statutory right of occupancy as a landlord so to say. Once a person has the power under the law to create an interest in land or building, he can qualify as landlord in the circumstance. For instance, a beneficial owner of property or interest therein may by power of attorney or will or otherwise confer upon another person the right to create a tenancy of such property or interest in favour of another person.[4]

Who is a Tenant

A tenant is the person in whose favor an interest in property is created. In other words, he is the occupier or in possession of the property for a term granted with or without payment of rent.

Types of  Tenants

  1. Tenant based on term granted: This is the tenant whose subject of tenancy is for a particular duration. There are those whose tenancy is for a fixed period. There are others who are yearly tenant, monthly tenant e.t.c.
  • Tenants at will: is a person who is in lawful possession of another person’s property and whose possession of such property is determinable at the pleasure of either party.[5] 
  • Tenant on sufferance: is a person who entered into possession of property by virtue of a lawful title and wrongfully continues in possession without the assent or dissent of the person next entitle to such property or reversion as the case may be.[6]

Legal Capacity to Create Tenancy or Sub-lease

Legal capacity is the ability of an individual to create tenancy either as Landlord or Tenant. The law allows any individual to be granted a tenancy of any property in the state (I,e any person may be a tenant).[7] Generally, any adult person may create tenancy either as a landlord or tenant. However the law provides certain modifications:-

  • An Infants: Section 14 of the Landlord and Tenant law provides that “an infant cannot create a tenancy but his parent or guardian or failing these the High Court may do so on his behalf.
  •  A person in representative capacity: A person who is acting in a representative capacity can create tenancy. The holders of power of attorney can enter into tenancy relationship with another person on behalf of his donor. Also an agent so authorized can enter into tenancy relationship on behalf of his principal and such is binding on the principal.[8]
  • Joint Capacity: This is the ability of two or more people to jointly create tenancy either as landlords or as tenants. It means two or more persons who jointly owned property or an interest may let out their property as joint owners if they all agreed.
  • Lunatics: The law provides that a person of unsound mind may be granted a tenancy, that is, property can be let out to a lunatic but he shall not be sued directly or indirectly upon a tenancy agreement for a tenancy unless the same is necessary for him.[9]

The Rights of a Tenant

The law vested certain rights on tenant. Such rights are either exercisable directly or dependent on the fulfilment of certain conditions. We shall consider those rights

  1. Right to freely create tenancy: Just like in every contract, a tenant has the right to create tenancy voluntarily and freely.  A person cannot be coerced or forced to enter into tenancy relationship with another person. The tenant is also at liberty to negotiate terms and conditions of the tenancy agreement with the landlord.  
  1. Enjoyment of quiet and peaceful Possession: It is the right of a tenant to enjoy quiet possession of the property let to him without interference or interruption from landlord or his agent. The enjoyment of this right is premise on the fulfilment of certain conditions like the tenant paying his rent, performing and observing conditions and covenants under the tenancy or sublease.
  1. Right for use and occupation: It is the right of a tenant to use and occupy the property. The tenant has the right to use facility in the property without hindrance.
  1. Right to be issued and served require notices: Every tenant is entitled to be issued and served with quit notice for the tenancy to be determined. The quit notice must either comply with the agreement of the parties or comply with the law in time being in force. Thereafter, a tenant is entitle to be served with seven days of owner intention to apply, to commit to recover possession. It is sacrosanct right of tenant before he can be ejected for the property.

However, this right is not without limitation. When a tenant fail to pay his rent, he is not entitle to this right. In fact, the court said that the landlord do not have obligation to serve the tenant quit notice. Per Nwaifo JSC opine in the case of OLANIYAN V. SHOKUNBI thus:

“where there has been non payment of rent, the landlord has no obligation to serve quit notice or owner’s intention to recover possession of the premises…”[10]

Obilgations or Duties of a Tenant

The tenant usually have obligations and duties under tenancy agreement or relationship. Some of which  usually forms part of covenants in tenancy.

  1. Duties to pay rent[11]
  2. Duty to keep and deliver up the property in good repair and tenantable condition[12]
  3. Duty to pay taxes, rate etc[13]:- It is the duty of tenant to pay taxes or rate as impose by relevant authority provided that it is clearly stated as part of usual covenants in the tenancy agreement.  
  • Duty to use the property only for the purpose[14]:- It is compulsory that the tenant must use the property he let from the landlord for the purpose for which it was let out to him.  
  • Duty to observe and perform covenants of the tenancy agreement[15]
  • Obligation not to use the property for Illegal purpose(s)

[1] Section 2(2) of the Landlord and Tenant Law CAP. L4 Laws of Kwara State 2006

[2] See the preamble to the law generally and Section 1(1) of the Law

[3] Section 4 (1)(2) of the Law

[4] Section 10 of the Law

[5] Section 54 of the Landlord and Tenant Law

[6] Section 62 of the Law

[7] Section 18 of the Law

[8] See generally Sections 10 and 17 of the Law

[9] Section 22 of the Law

[10] (1997) 6 NWLR Pt. 509 Pg. 446

[11] Section 34(1)(a)

[12] Section 34(1)(b)

[13] Section 34(1)(c)

[14] Section 34(1)(d)

[15] Section 34(1)(e)

Categories Legal Advice

RAPE: A LIFETIME EMOTIONAL DISTORTION (PART 2)

Author Ayobami Olatunde Categories Legal Advice Posted on

Continuation

How to Help Victim of Rape Get Justice

1. If the assault has just occurred, ensure the victim does not bathe, douche, eat, drink or wash any parts of their body until the medical examination is done.

2. Encourage the victim to visit the closest primary health care center, so that the victim can be examined to preserve the relevant evidence as soon as possible.

3. Make a report at the Family Support Unit of the closest police station to ensure the case is investigated and the perpetrator is brought to book.

4. Preserve any physical evidence of the assault including all clothing and records of communication with the perpetrator, if any, and ensure these are well preserved and documented.

5. Keep the collected items in a separate bag for the purpose of conducting a DNA Lab forensic examination on them. This may assist the prosecutor in linking the crime to the perpetrator.

6. The victim should document as much detail about the assault as possible, including descriptions of the assailant, both in writing and by verbal recording.

7. When your child or ward discloses a rape or sexual incident to you, do not overreact as this may cause the victim especially minors to withdraw.

8. When you are told about a rape or assault incidence, listen without being judgmental, empathize, and show support with encouraging words and positive body language.

9. Do not join them to threaten the victim or emotional blackmail the victim from making a formal report or settle the case out of Court. Offence of sexual assault and rape is an offence against the state.

10. Reporting the matter will ensure the victim gets justice and prevent the perpetrator, do not continue to carry out this devilish act.

PUNISHMENT FOR RAPE

Under the Criminal Code, the Violence Against Persons (Prohibition) Act 2015 (VAPPA) and Child Right Act, the punishment for rape is life imprisonment but the under the Penal Code it is a maximum of 14years imprisonment. Attempted rape under the Criminal Code is 14years imprisonment. Gross Indecency under the Penal Code is punishable with 7years imprisonment.

Juvenile Offenders: Under the Criminal Code, a male under 12 is incapable of rape. He can only be charged for indecent assault. However, VAPPA states that offenders less than 14years can be sentenced to a maximum of 14years imprisonment.

Gang Rape: VAPPA provides specific punishment for gang-rapist. It is a minimum of 20years without an option of fine.

RECOVERING FROM RAPE OR SEXUAL TRAUMA

Step 1: Open up about what happened to you

It can be extraordinarily difficult to admit that you were raped or sexually assaulted. There’s a stigma attached. It can make you feel dirty and weak. Reach out to someone you trust. It’s common to think that if you don’t talk about your rape, it didn’t really happen. But you can’t heal when you’re avoiding the truth. And hiding only adds to feelings of shame.

Step 2: Cope with feelings of guilt and shame

Even if you intellectually understand that you’re not to blame for the rape or sexual attack, you may still struggle with a sense of guilt or shame. Feelings of guilt and shame often stem from misconceptions such as:

•           You didn’t stop the assault from happening.

•           You trusted someone you “shouldn’t” have.

•           You were drunk or not cautious enough.

Step 3: Prepare for flashbacks and upsetting memories

When you go through something stressful, your body temporarily goes into “fight-or-flight” mode. When the threat has passed, your body calms down. But traumatic experiences such as rape can cause your nervous system to become stuck in a state of high alert. You’re hyper sensitive to the smallest of stimuli.

To reduce the stress of flashbacks and upsetting memories:

Try to anticipate and prepare for triggers.

Pay attention to your body’s danger signals.

Take immediate steps to self-soothe.

Accept and reassure yourself that this is a flashback, not reality. 

Ground yourself in the present.

Step 4: Reconnect to your body and feelings

Since your nervous system is in a hypersensitive state following a rape or assault, you may start trying to numb yourself or avoid any associations with the trauma. But you can’t selectively numb your feelings. When you shut down the unpleasant sensations, you also shut down your self-awareness and capacity for joy. You end up disconnected both emotionally and physically—existing, but not fully living.

Step 5: Stay connected

It’s common to feel isolated and disconnected from others following a sexual assault. You may feel tempted to withdraw from social activities and your loved ones. But it’s important to stay connected to life and the people who care about you. Support from other people is vital to your recovery.

Step 6: Nurture yourself

Healing from sexual trauma is a gradual, ongoing process. It doesn’t happen overnight, nor do the memories of the trauma ever disappear completely.

You should take time to rest and restore your balance, avoid immersing yourself in television or programs that may trigger flashback, eat right and exercise regularly. Exercise is especially soothing on your nervous system it relieves stress and makes you feel more in control of your body and therefore “powerful”.⁷

Healing from the trauma of rape or sexual assault takes time. Flashbacks, nightmares, debilitating fear, and other symptom of Post-traumatic stress disorder (PTSD) can persist long after any physical injuries have healed.

It is important to note that there are several agencies, lawyers, NGOs interested in helping out victims of rape.

I will draw my conclusion from the Peace Women assertion, “I would like to emphasize that sexual violence poses an obstacle to peace and security. It impedes women from participating in peace and democratic processes and in post-conflict reconstruction and reconciliation. As a tool of war it can become a way of life: once entrenched in the fabric of society, it lingers long after the guns have fallen silent. Many women lose their health, livelihoods, husbands, families and support networks as a result of rape. This, in turn, can shatter the structures that anchor community values, and with that disrupt their transmission to future generations. Children accustomed to acts of rape can grow into adults who accept such acts as the norm. This vicious cycle must stop, as we cannot accept a selective zero-tolerance policy”.⁹

Titilope Adeyemi Esq.

 References

7. http://www.apho.org.uk/sexual-abuse/recovering-from-rape-and-sexual-trauma-guide/

8. https://www.peacewomen.org/content/conclusion-i-would-emphasize-sexual-violence-poses-obstacle

Categories Civil Law, Legal Advice

RAPE: A LIFETIME EMOTIONAL DISTORTION (PART 1)

Author Ayobami Olatunde Categories Civil Law, Legal Advice Posted on

BY Titilope Adeyemi, Esq

Preambles

Brutal  rape cases were reported in May and June 2020: Barakat Bello was raped and killed in her home; Grace Oshiagwu, inside a church in Ibadan, Oyo State; Vera Uwa Omozuwa also raped and murdered  in her church in Benin City, southern Nigeria; and another a 12-year-old girl raped by 11 men in Jigawa, northern Nigeria¹.

It was reported by the Nigerian Bureau of Statistics that “During the coronavirus lockdown, we started receiving four to seven cases of assault per day and 70% of them were related to rape.” It was also reported in a survey published by NOIPolls that one in every three girls living in Nigeria could have experienced at least one form of sexual assault by the time they reach 25².

Several activists, Media Influencers from women-led groups marched and sent a memo to Nigeria’s House of Representatives, demanding Nigeria adopt and properly implement the 2015 Violence Against Prohibition Person’s Act (VAPP). Up till now, many States in the county are yet to domesticate the law.

Nigeria declared a state of emergency on rape and sexual violence in all 36 Nigerian States. This  seems to be more of media charade as a result of the prevailing situation than a strong show of intent to curb the menace.

Despite this new state of emergency, a culture of rape and impunity persists, making it difficult for victims to hold their abusers accountable. One in four girls and women will experience rape and/or sexual assault in Nigeria before the age of 18, according to the United Nations. However, there are fewer than 80 total recorded rape convictions in Nigeria.³

Shola Allyson, a Nigerian gospel singer recounted how she was abused in different ways at different stages and almost got used to it. She didn’t leave out the toll it has on her marriage even after several years. The case of Busola Dakolo is another amidst several more⁴

Meaning of Rape

Merriam-Webster defined rape as “unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against a person’s will or with a person who is beneath a certain age or incapable of valid consent because of mental illness, mental deficiency, intoxication, unconsciousness, or deception”⁵.

Under the Criminal Code of Nigeria, Rape is defined, as having unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of harm, or by means of false act, or, in case of a married woman, by personating her husband. This offence is punishable by imprisonment for life, with or without caning.

(See Section 357 and 358 of the Criminal Code Cap “C38”, Laws of the Federation, 2004)

In plain language, in Nigeria, a person has committed rape when he has sexual relations (carnal knowledge) with a woman against her will; or

a)      Without her consent or,

b)      While putting her in fear of death or hurt or,

c)      Misrepresenting as the husband of the woman or,

d)     Having carnal knowledge of a girl under 14 years, with or without her consent or,

e)      Having carnal knowledge of a girl with unsound mind.

Under the Penal Code (applicable in Northern part of Nigeria), it goes further to say even where the girl is a wife of the person, such person will be guilty of rape if she has not attained puberty.

Types of Rape

Rape can be categorized in different ways: for example, by reference to the situation in which it occurs, by the identity or characteristics of the victim, and by the identity or characteristics of the perpetrator.

1. Date rape: The term “date rape” is used to refer to several types of rape, broadly acquaintance rape, which is a non-domestic rape committed by someone who knows the victim, and drug facilitated sexual assault (DFSA), where the rapist intentionally drugs the victim with a date rape drug so that they are incapacitated.

2. Gang rape: Gang rape occurs when a group of people participate in the rape of a single victim.

3. Spousal rape: Spousal rape also known as marital rape, wife rape, husband rape, partner rape or intimate partner sexual assault (IPSA), is rape between a married or de facto couple without one spouse’s consent.

4. Rape of children: Rape of a child is a form of child sexual abuse. When committed by another child (usually older or stronger) or adolescent, it is called child-on-child sexual abuse

5. Statutory rape: It is the law citing an interest in protecting “young people” (variously defined but sometimes synonymous with minors) from sexual exploitation, treat any sexual contact with such a person as an offense (not always categorized as “rape”), even if he or she agrees to or initiates the sexual activity. Others include serial rape, prison rape etc.⁶

Several things and situations have been ascribed to causes of rape such as victim precipitation, male pathology, male hostility, indecent dressing, psychological and emotional distortions, alcohol etc. I will like to posit emphatically as there is no justification for rape.

Effects of Rape

According to (Independent Domestic Abuse Services) IDAS “The effects of rape will vary for each person as we are all affected in different ways and recover at different rates. However, working with survivors we know that there are some common responses to rape and sexual violence. We also know that the effects can last many years and can take many years to show themselves.

Here are some of the common effects:

1. Physical effects: These may be instantly obvious if the assailant has used violence during the assault and you may need immediate hospital treatment.

2. Disassociation / emotional numbness: For many an initial reaction to being raped is one of shock and emotional numbness. Many people initially feel calm and shut off from what’s happened.

3. Fear: Depending on the circumstances you may feel fear about a number of things.  

4. Embarrassment & shame: A significant number of people who’ve been sexually assaulted feel embarrassed or shameful about what has happened.

5. Guilt: Feeling guilty when you’ve been raped is common. You may feel that you could have done something to prevent the attack or, if you know the attacker, you may feel that you somehow ‘provoked’ the rape.   

6. Practical factors:   You may feel a strong need to get away and to make practical changes in your life. Your priority should be to feel safe.

7. Depression: Depression can be expected as you start to come to terms with or recover from any major trauma or emotionally charged event.

8. Recurrent dreams and nightmares: You may experience recurrent dreams and nightmares as your brain tries to process, understand and recover from what has happened.

  • To be continued- How do you help rape survivor to get justice? Recovering from rape, what are the punishment for rape, and much more in the next edition.  

References

1. https://healthwise.punchng.com/rape-a-costly-lifelong-burden/

2. https://www.bbc.com/news/world-africa-52889965

3. https://globalvoices.org issue of 3rd of July, 2020

4. abused-a-lot-in-different-ways-at-different-stages-and-i-almost-got-used-to-it-gospel-singer-sola-allyson.html

5. https://www.merriam-webster.com/dictionary/rape#

6.https://en.wikipedia.org/wiki/Types_of_rapehttps://www.myjobmag.com/square/article/26/rape-under-nigerian-law

Categories Legal Advice

Doctor/Patient Relation: Patient’s Rights through Patient’s Bill of Rights (PBoR)

Author Ayobami Olatunde Categories Legal Advice Posted on

As the popular saying goes ‘There are two people you shouldn’t lie to; your doctor and your lawyer.’ From the time immemorial the relationship between patient and doctor has always been sacred with ultimate confidentiality.

 The patient–doctor relationship comprises of four main elements: knowledge, trust, loyalty, and regard. These elements have doctor and patient aspects to them, which may be reciprocally related. However, over the centuries there are reports of abuse of the relationship especially from the doctors.

The purport of this short article only seeks to examine the right of patients in relation to the Patient’s Bill of Rights (PBoR).

A patient’s bill of rights is a list of guarantees for those receiving medical care. It may take the form of a law or a non-binding declaration. Typically a patient’s bill of rights guarantees patients information, fair treatment, and autonomy over medical decisions, among other rights. [1]

The rights of patients in Nigeria are not new to the medical & legal environments. There are various legislations including the 1999 Constitution of the Federal Republic of Nigeria, the National Health Act, 2012 and various codes of ethics for healthcare practitioners which make conscious provisions on the rights available to users of healthcare services.

Sections 33, 34 and 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), provides for fundamental rights to life, dignity of human person, and personal liberty respectively. These rights are inalienable rights and the apex court in Nigeria has given it a judicial flavour in the case of Mustapha v. Governor of Lagos State (1987) LPELR – 1931 (SC) said these are rights which encompass all humanity, and attach to a man because of his humanity.

The patient Bill of right sets standards for operation for both consumers and healthcare providers in the country and to ensure optimal consumer satisfaction in the health sector.[2]

A bill of right is the compilation rights of citizens of a country. The purpose of bill of rights is to protect those rights against infringement. The Bill provides for 12 basic rights for patients.[3]

1. Right to relevant information in a language and manner the patient understands, complete and accurate information about diagnosis, treatment, prognosis, other procedures and possible outcomes. This right also guarantees the patient to fully participate in implementing the treatment plan and making decisions.

For effective claim of this right, the patient has a duty to Seek information from the hospital or health facility about their services, Understand the treatment plan, Provide details about any changes occurring during, or on account of treatment and Report dissatisfaction to appropriate authority

2. Right to timely access to detailed and accurate medical records and available services. This gives the patient the right to know the skill of the medical practitioners attending to him. Hence, patient need to request for these information.

3. Right to transparent billing and full disclosure of any cost. Each drugs and treatment received by the patient must be itemized and the financial implication stated.

4. Privacy and confidentiality of all information and medical records unless disclosure is vital and in the interest of public health in accordance with prevailing law. The patient is duty bound to be completely truthful and accurately disclose any medical history, medication and complaints to the medical practitioner.

5. Right to clean and safe healthcare environment. Patient has the right to equitable quality care but not to constitute a nuisance or in any way endanger others.

6. Right to be treated with respect without discrimination. This right encapsulates that patient must be treated with absolute respect without prejudice to gender, religion, race, ethnicity, allegation of crimes, geographic location, disability or socio-economic  circumstances. Also the prior wishes of the patient or of the next of kin (where legally applicable) are respected to the fullest extent practicable at the time of death including cultural or religious preferences, to the extent of its  consistency with extant laws including coroners laws.

7. Right to receive urgent care immediate and sufficient intervention and care, in the event of emergency. Patient that need urgent medical attention in the event of an emergency must be prioritized over other factors including cost and payment, as well as law enforcement requirements.

8. Right to reasonable visitation in accordance with the laid down rules and guidelines. However, the patient must respect that the health care facilities reserve the right to modify rules to maintain decorum and ensure security of patients and medical practitioners, provided reasonable notice of modification is given.

9. Right to decline care subject to other prevailing legislations. Patients at all times, retain the control of their person and must be informed of their power to decline care upon full disclosure of the consequences of such decisions.

10. Right to decline or accept to participate in medical research or clinical trials. Patients have the right to c o n s e n t o r d e c l i n e participation in medical research, experimental procedures or clinical trials in the course of treatment.

11. Right to quality care in accordance to prevailing standards. To be informed about impending interruption or disengagement of services of medical personnel.

12. Right to complain and express dissatisfaction regarding services received. To express dissatisfaction regarding service and/or provider including  personnel changes and abuse. Patient must however complain in accordance with redress mechanism of the facility and provide sufficient details of dissatisfaction.

Conclusion

There is no gain saying that the development of the healthcare sector in Nigeria will be hasten only through the delivery of quality and affordable healthcare services. Thus, the protection of rights of patients is crucial to this growth. More sensitization and education is needed for Nigerians to be aware of these rights available to them.

[1] https://www.proshareng.com/news/Business-Regulations,-Law—Practice/Nigerian-Patient%E2%80%99s-Bill-of-Rights–5-T/41193

[2] https://www.pulse.ng/bi/strategy/strategy-explainer-heres-everything-you-need-to-know-about-the-patients-bill-of/922nk4w

[3] http://fccpc.gov.ng/uploads/files/patients-bill-of-rights-full-version.pdf

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