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From Fred Ezeh, Abuja
There’s growing concerns among Nigerians and health care workers about the alleged silent practice of euthanasia in Nigeria at both formal and informal health care facilities.
Euthanasia is simply defined as a voluntary or non-voluntary act of ending someone’s life to relieve such a person from severe sufferings and pains, often in cases of terminal illness or incurable conditions.
The process is often administered on a patient(s) that might have ailments that have lasted for years, perhaps, defiled all treatments, and had reached a worst case scenario that could not be handled by the family members, financially or otherwise.
Euthanasia is a legal practice in some countries notably, Netherlands, Belgium, and Switzerland, among others. But it remains a highly debated and controversial issue in Nigeria, with arguments centering around the right to autonomy, the value of human life, and the potential for abuse or coercion.
Over the years, some persons have highlighted the pros of the practice which, according to them, includes; relieving suffering and pain; respect for individual autonomy and choice; reducing healthcare costs; allowing for dignity in death. Some others have also highlighted the cons which, according to them, include potential for abuse or coercion; risks of misdiagnosis or incorrect prognosis; concerns about the slippery slope to more widespread euthanasia; ethical and moral objections.
How it’s done
Euthanasia can be active (directly causing a person’s death through something like lethal injection); passive (withholding life support for long); Assisted Suicide (providing means to end own life); Voluntary (requests and consents to own death.); involuntary (unable to consent, and the decision is made by others).
However, there are concerns that the practice of euthanasia is silently going on in some parts of Nigeria despite not being approved by various health care laws in Nigeria. While some cases are recorded in the recognized health care facilities, others are done in traditional settings using substances that are harmful to the body thus resulting in euthanasia.
Push for legalisation
The push for legalization of the practice is gathering momentum. For several years, some individuals and groups have been pushing for the legalization of the euthanasia practice in Nigeria, silently and otherwise, even though it has received several backlash.
While the proponents of the legalization base their arguments on dignity, autonomy, compassion and several other points for the patients, those against the legalization are making reference to morality, religion, tradition and several other factors.
However, many Nigerians seem to be against the practice of euthanasia, describing it as an unnecessary paradox, murder in disguise, a situation where the supposed healer becomes a killer.
What the law says
Both Penal and Criminal Codes seem to be against the practice of euthanasia in Nigeria, in addition to the law of medical practice in Nigeria. Some sections of the Codes recognized it as manslaughter, thus recommending the same punishment with homicide.
Some sections of Chapter 27 of the Criminal Codes Act provided details about the issue of manslaughter and several other crimes relating to human death. For instance, under the Act, any form of killing of any person, euthanasia inclusive, is unlawful unless such killing is authorized, justified or excused by law.
The sections of the Act noted that except as set forth, any person who causes the death of another directly or indirectly, by any means whatsoever is deemed to have killed that other person.
In all of these instances, an offender may be found guilty of murder or manslaughter, depending on the circumstances of the case. In the case of the former, the prescribed punishment is a mandatory sentence of death. Whilst in the latter, it is life imprisonment.
Under the Code, the offence of murder is defined as comprising the following: A person who unlawfully kills another under any of the following circumstances, that is to say-
(1) If the offender intends to cause the death of the person killed, or that of some other person;
(2) If the offender intends to do to the person killed or to some other person some grievous harm;
(3) If death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such a nature as to be likely to endanger human life;
(4) If the offender intends to do grievous harm to some person for the purpose of facilitating the commission of an offence which is such that the offender may be arrested without warrant or for the purpose facilitating the flight of an offender who has committed or attempted to commit any such offence;
(5) If death is caused by administering any stupefying or over-powering things for either of the purposes aforesaid.
What NMA, MDCAN, others say
Nigerian Medical Association (NMA) said it will resist any attempt to introduce euthanasia in the medical practice in Nigeria.
It noted that euthanasia is a sensitive and complex issue, and opinions could vary widely, and it’s crucial to engage in respectful and informed discussions about the topic.
NMA President, Dr. Bala Audu, told journalists recently that the issue of euthanasia was strongly debated at the 64th Annual General Conference (AGC) and Delegates’ Meeting (DM) of NMA recently held in Calabar.
He said the introduction of euthanasia in the medical practice in Nigeria requires careful considerations because of ethical, legal, religious, social and cultural diversities.
“Notwithstanding, euthanasia in whatever form is illegal and punishable by the provision of the Section 306 of Criminal Code in Nigeria,” he said.
He urged governments at all levels to prioritize the health and well-being of all Nigerians by rolling out robust palliatives, and other social intervention strategies to cushion hunger and harsh economic conditions in the country.
Similarly, the Medical and Dental Consultants of Nigeria (MDCAN) said it’s not at peace with the practice of euthanasia neither is it aware of the practice in Nigeria.
MDCAN President, Prof. Mohammed Aminu Mohammed, told Daily Sun that the practice of euthanasia is illegal in Nigeria, hence the reason it’s allegedly practiced silently by some persons.
Prof. Mohammed said, “In 2017, I attended a conference by the World Medical Association (WMA), African chapter, and the matter was extensively discussed, and the issue was in order to make decisions whether to legalize the euthanasia, and it was unanimously rejected. Punishment was recommended for anyone found to have engaged in such practice.
He said: “The purpose of medical practice is to preserve human life right from conception to last breath. So, euthanasia should not be allowed along the way, because it’s illegal.
“Our position in MDCAN is that euthanasia is illegal and shouldn’t be allowed. Those pushing for it may have their reasons for doing so, but whatever might be their reason, it’s legal in Nigeria. As a medical doctor, our obligation is to sympathetically and emphatically cater for our patients till the last breath.”
