“It is instructive to note that the law exists primarily to protect life and preserve the fundamental right of its citizens inclusive of infants. The law would not override the decision of a competent mature adult who refuses medical treatment that may prolong his life but would readily intervene in the case of a child who lacks the competence to make decisions for himself. See the case of Medical And Dental Practitioners Disciplinary Tribunal v. Dr. John Emewulu Nicholas Okonkwo (2001) 7 NWLR (Pt. 711) 206).
Note also that the Child’s Right Act, LFN 2003 is replete with judicial powers to ascertain the survival and total well-being of the child. Section 13 of the Act provides particularly for the right to health and health Services of the child. Section 13(2) of the Act provides that:
“Every Government, parent, guardian, institution, service, agency, organization or body responsible for the care of a child shall endeavor to provide for the child the best attainable state of health:”
Section 59(a) provid.es that:
“Where it appears to the Court in proceedings in which a question arises as to the welfare of a child, that it may be appropriate for a care supervision order to be made with respect to that child, the Court may direct the appropriate authority to undertake an investigation of the child’s circumstances.”
-PER J.I. OKORO, J.S.C. in
