The Nigerian Association of Resident Doctors (NARD) has rejected a proposed law that would impose jail terms or fines on doctors over delays in emergency medical treatment.
The association stated its position in a statement signed by its President, Dr Ogar Idoko; Secretary-General, Dr Besongngem Akotanchi; and Publicity and Social Secretary, Dr Ashimom Timothy. The statement was made available to reporters on Friday.
The proposed amendment to the National Health Act 2014, which has reportedly passed its second reading in the Senate, seeks to impose a six-month jail term or a fine of up to N300,000 on doctors over delays in emergency medical treatment.
NARD described the proposed amendment as punitive, warning that criminalising healthcare professionals without addressing the underlying challenges in hospitals could further weaken the country’s healthcare system.
The association acknowledged the importance of prompt emergency care and protecting patients from avoidable harm. However, it maintained that doctors should not be held responsible for failures caused by inadequate healthcare infrastructure.
It said healthcare professionals across the country continued to work under difficult conditions, including obsolete medical equipment, staff shortages, unreliable electricity, insufficient emergency supplies and deteriorating hospital facilities.
According to the association, these challenges are the result of years of institutional neglect rather than professional negligence.
“You cannot legislate oxygen into an empty cylinder, electricity into a dark operating theatre, or life-saving equipment into an inadequately funded hospital,” NARD said.
The association expressed concern that lawmakers were prioritising punitive measures against frontline healthcare workers while Nigeria continued to fall short of its commitment under the Abuja Declaration to allocate 15 per cent of its budget to health.
“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.
“More importantly, we call on our lawmakers to subject themselves to the same standards of accountability they seek to impose on Nigerian healthcare professionals.”
NARD also called on lawmakers to consider legislation requiring public office holders to seek medical treatment in government hospitals. It argued that political leaders should have confidence in the healthcare system they expect ordinary Nigerians to rely on.
“Those entrusted with funding and overseeing our hospitals must demonstrate confidence in the same healthcare system they expect ordinary Nigerians to depend upon,” the association said.
It warned that imposing additional criminal penalties on already overstretched healthcare professionals could worsen the country’s brain drain, popularly known as the “Japa syndrome”.
The association said the proposed legislation could create a hostile working environment and discourage doctors and nurses from staying in Nigeria, as the country struggles to retain skilled medical personnel.
Although NARD acknowledged that the proposed bill reportedly included provisions recognising resource limitations and circumstances beyond healthcare professionals’ control, it insisted that such safeguards must be explicit, comprehensive and enforceable.
The association called for the withdrawal and fundamental reconsideration of the proposed punitive provisions, urging lawmakers to consult healthcare professional associations, hospital administrators, patient representatives and other relevant stakeholders.
It further recommended legislation guaranteeing minimum standards for emergency-care infrastructure, appropriate staffing, functional referral systems, reliable electricity and accountability for institutional failures.
NARD warned that it would not allow doctors to become scapegoats for decades of neglect in Nigeria’s healthcare system.
It said that if the National Assembly proceeded with legislation that unjustly criminalised doctors for failures beyond their control, its decision-making organs would consider all lawful options, including nationwide industrial action.
The association added that any action would include arrangements to safeguard emergency and critically ill patients.
NARD reaffirmed its commitment to patient safety, professional accountability and quality healthcare delivery, insisting that genuine reforms must address the causes of healthcare failures rather than merely punish their consequences.
