The Nigerian Association of Resident Doctors (NARD) has opposed a proposed amendment to the National Health Act that seeks to punish healthcare professionals and facilities with up to six months’ imprisonment or a fine of ₦300,000 for delays in providing emergency medical care.
The association described the bill, which has reportedly scaled second reading in the Senate, as punitive, arguing that it criminalises medical practitioners for shortcomings in a healthcare system that successive governments have failed to adequately fund, equip and staff.
In a statement made available to journalists on Friday in Calabar, the doctors said they acknowledged the need for timely emergency treatment but would not support any legislation that penalised healthcare workers without first addressing the underlying failures in the health sector.
The statement was signed by NARD President, Dr Ogar Idoko; Secretary-General, Dr Besongngem Akotanchi; and Publicity and Social Secretary, Dr Ashimom Timothy.
The statement read, “The attention of the leadership of NARD has been drawn to reports of a proposed amendment to the National Health Act seeking to impose a six-month jail term or a fine of up to N300,000.00 on healthcare professionals and facilities over delays in emergency medical treatment.
“The proposed legislation, which has reportedly passed second reading in the Senate, seeks to introduce mandatory timelines for emergency care treatment and referral.
“While NARD recognises the importance of prompt emergency care and the need to protect patients from avoidable harm, we unequivocally reject any legislative approach that criminalises healthcare professionals without adequately addressing the systemic failures that undermine emergency medical services in Nigeria.”
NARD said doctors across Nigeria work under extremely difficult conditions, struggling to save lives in hospitals plagued by obsolete equipment, inadequate staffing, unreliable electricity, insufficient emergency supplies and deteriorating infrastructure.
“It is unacceptable to punish doctors for the consequences of a healthcare system that successive governments have failed to adequately fund, equip and staff,” part of the statement read.
It said the challenges were not products of professional negligence but consequences of longstanding institutional neglect.
The association said it was deeply concerning that lawmakers would prioritise punitive legislation against frontline healthcare workers while the country continues to fall short of the 15 per cent health budget allocation commitment under the Abuja Declaration.
“We challenge the National Assembly to demonstrate the same legislative urgency in ensuring adequate healthcare funding, functional emergency departments, modern diagnostic equipment, uninterrupted electricity, reliable ambulance services and sufficient healthcare personnel,” NARD said.
“You cannot legislate oxygen into an empty cylinder, electricity into a dark operating theatre, or life-saving equipment into an inadequately funded hospital,” it added.
NARD called on lawmakers to subject themselves to the same standards of accountability they seek to impose on healthcare professionals.
It said if legislators believe imprisonment is the appropriate response to failures in the healthcare system, they should first consider legislation compelling public officeholders to seek medical treatment in Nigerian government hospitals, with appropriate sanctions for misuse of public resources on avoidable overseas medical tourism.
NARD warned that introducing additional criminal penalties against already overstretched healthcare professionals could accelerate the ongoing brain drain, popularly known as the japa syndrome.
The doctors said that at a time Nigeria is struggling to retain its skilled medical workforce, creating an increasingly hostile and punitive working environment risks driving more doctors and nurses out of the country.
The association acknowledged that the reported bill contains provisions recognising resource limitations and documented circumstances beyond the control of healthcare practitioners.
It, however, insisted that such safeguards must be explicit, comprehensive and enforceable, ensuring doctors are never criminally punished for institutional failures, unavailable equipment, inadequate staffing or circumstances beyond their reasonable control.
According to reports, the Senate is considering a bill seeking a six-month jail term or a fine of up to ₦300,000 for hospitals and healthcare providers that violate proposed emergency treatment standards.
The bill aims to compel hospitals to assess emergency patients within 15 minutes of arrival, begin stabilisation within 30 minutes, and complete referrals within three hours where necessary.
It was sponsored by Senator Abdulaziz Yar’Adua and seeks to amend the National Health Act, 2014.
