The Complete 2004 Laws of Nigeria

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CORNEAL GRAFTING ACT


ARRANGEMENT OF SECTIONS

SECTION

1. Removal of eyes of deceased persons.

2. Interpretation.

3. Short title.

CORNEAL GRAFTING ACT

An Act to make provision for the use of the eyes of a deceased person for therapeutic purposes.

[1973 No. 23.]

                                                                                                                                                         [5th May, 1973]

                                                                              [Commencement. ]

1. Removal of eyes of deceased persons

                (1) If any person, either in writing at any time or orally in the presence of two or more witnesses during his last illness, has expressed a request that his eyes be used for therapeutic purposes after his death, the person lawfully in possession of his body after his death may, unless he has reason to believe that the request was subsequently withdrawn, authorise the removal of the eyes from the body for use for those purposes.

                (2) Without prejudice to the provisions of subsection (1) of this section, the person lawfully in possession of the body of a deceased person may authorise the removal of the eyes from the body for the purpose aforesaid unless that person has reason to believe that-

                (a)          the deceased had expressed an objection to his eyes being so dealt with after his death, and had not withdrawn it; or

                (b)          the surviving spouse or any surviving relative of the deceased objects to the deceased's eyes being so dealt with.

                (3) An authority given under this section of this Act in respect of any deceased person shall be sufficient warrant for the removal of the eyes from the body and their use for the purposes aforesaid; but no such removal shall be effected except by a registered medical practitioner, who must have satisfied himself by a personal examination of the body that life is extinct.

                (4) Authority for the removal of eyes shall not be given under this section if the person empowered to give such authority has reason to believe that a coroner's inquest may be required to be held on the body.

                (5) No authority shall be given under this section of this Act in respect of the body of a deceased person, by a person entrusted by another person with the body, for the purpose only of its interment or cremation.

                (6) In the case of a body lying in a hospital, any authority under this section of this Act may be given on behalf of the person having the control and management of the hospital by any officer or person so designated in that behalf.

                (7) Nothing in this section shall be construed as rendering unlawful any dealing with, or with any part of, the body of a deceased person which would have been lawful if this Act had not been made.

2. Interpretation

In this Act, "registered medical practitioner" means a medical practitioner duly registered under the provisions of the Medical and Dental Practitioners Act.

                                                                                       [Cap. M8.]

3. Short title

This Act may be cited as the Corneal Grafting Act.

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CORNEAL GRAFTING ACT

SUBSIDIARY LEGISLATION

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No Subsidiary Legislation

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