The Nigerian Association of Resident Doctors (NARD) has opposed a proposed amendment to the National Health Act that seeks to impose a six-month jail term or a N300,000 fine on healthcare professionals who delay emergency medical treatment.
The association’s president, Ogar Idoko, stated this in a statement issued on Friday, describing the proposed penalties as punitive and arguing that doctors should not face criminal sanctions for failures caused by inadequate healthcare infrastructure.
Idoko said NARD supports timely emergency care and the protection of patients but maintained that the underlying challenges in the health sector must be addressed before introducing criminal penalties. He listed some of the difficulties confronting doctors across the country as outdated medical equipment, inadequate personnel, unstable electricity supply and shortages of emergency medical supplies.
According to him, these problems result from years of institutional neglect rather than professional negligence. He urged lawmakers to focus on improving healthcare funding and infrastructure. The association also challenged the National Assembly to prioritise the provision of functional emergency departments, modern diagnostic equipment, reliable ambulance services and sufficient medical personnel.
Idoko further suggested that lawmakers consider legislation requiring public office holders to use government hospitals in Nigeria, with penalties for the misuse of public funds on avoidable overseas medical treatment. He warned that imposing additional criminal sanctions on already overstretched healthcare workers could worsen the migration of medical professionals from the country.
Although NARD acknowledged that the proposed bill reportedly includes protections for practitioners facing circumstances beyond their control, the association insisted that such safeguards must be clearly stated and enforceable. It called for the withdrawal and reconsideration of the proposed punitive provisions, alongside consultations with medical associations, hospital administrators, patient representatives and other stakeholders.
The association also urged the National Assembly to introduce laws guaranteeing adequate healthcare funding, minimum emergency-care standards, sufficient staffing, reliable electricity and effective referral systems. Idoko warned that NARD would consider lawful options, including nationwide industrial action, if lawmakers proceeded with legislation that unfairly criminalised doctors for institutional failures.
He, however, said arrangements would be made to protect emergency and critically ill patients during any strike. The Senate is currently considering the amendment, which seeks to penalise hospitals and healthcare workers who refuse or delay emergency medical treatment. The bill, sponsored by Abdulaziz Yar’Adua, senator representing Katsina Central, passed its second reading on Wednesday.