The Nigerian Association of Resident Doctors (NARD) has opposed a proposed amendment to the National Health Act that would impose a six-month prison sentence or a ₦300,000 fine on healthcare professionals for delaying emergency medical treatment.
In a statement issued on Friday in Calabar, NARD President, Dr Ogar Idoko, described the proposed legislation as punitive and argued that healthcare workers should not be criminalised for failures caused by weaknesses within the healthcare system.
While reaffirming the association’s support for timely emergency care and patient protection, Idoko stressed that longstanding systemic challenges must be addressed before sanctions are introduced against medical practitioners.
According to him, doctors across the country continue to work under difficult conditions, including inadequate staffing, outdated medical equipment, irregular electricity supply and shortages of essential emergency-care materials.
He maintained that delays in emergency services are often linked to institutional shortcomings rather than professional negligence, urging lawmakers to focus on improving healthcare funding and infrastructure.
Idoko challenged the National Assembly to demonstrate the same level of urgency in legislation aimed at strengthening emergency departments, improving ambulance services, providing modern diagnostic equipment and ensuring adequate manpower in public health facilities.
The NARD president also called for laws that would require public officials to use government-owned hospitals and impose penalties for the misuse of public resources on avoidable foreign medical treatment.
He warned that imposing additional criminal penalties on already overburdened healthcare workers could worsen Nigeria’s medical brain drain, commonly referred to as the “Japa” phenomenon.
Although he acknowledged reports that the proposed bill contains provisions protecting practitioners from liability in circumstances beyond their control, Idoko insisted that such safeguards must be clearly defined and enforceable.
He urged lawmakers to withdraw and review the contentious sections of the bill through broader consultation with healthcare professionals, hospital administrators, patient groups and other relevant stakeholders.
NARD further called on the National Assembly to prioritise legislation that guarantees adequate healthcare funding, minimum emergency-care standards, sufficient staffing levels, reliable electricity supply and efficient referral systems.
The association warned that it could consider lawful measures, including a nationwide industrial action, if the legislation proceeds in a form that it believes unfairly criminalises doctors for institutional failures.
However, Idoko assured the public that arrangements would be made to protect emergency and critically ill patients during any such action, reaffirming doctors’ commitment to patient safety and quality healthcare delivery.
The Senate is currently considering the bill, sponsored by Senator Abdulaziz Yar’Adua of Katsina Central Senatorial District, which seeks to penalise hospitals and healthcare workers that refuse or delay emergency medical treatment. The proposed legislation recently passed its second reading in the upper chamber.
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