OLABODE RHODES-VIVOUR, JSC (Delivering the Leading Judgment): 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 Commissio…