The Nigerian Association of Resident Doctors (NARD) has rejected a proposed amendment to the National Health Act 2014 seeking to impose jail terms or fines on doctors over delays in providing emergency medical treatment, warning that the move could worsen Nigeria’s healthcare crisis and drive more medical professionals abroad.
The association announced its position in a statement made available on Friday and signed by its President, Dr Ogar Idoko; Secretary-General, Dr Besongngem Akotanchi; and Publicity and Social Secretary, Dr Ashimom Timothy. The proposed amendment, which has reportedly passed its second reading in the Senate, seeks to impose a six-month jail term or a fine of up to ₦300,000 on doctors over delays in emergency medical care.
NARD described the proposed amendment as punitive, arguing 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 medical attention and the need to protect patients from avoidable harm but 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, inadequate personnel, unreliable electricity, insufficient emergency supplies and deteriorating hospital facilities.
According to NARD, 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,” the association said.
NARD also 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 national budget to healthcare.
The association challenged the National Assembly to show the same urgency in ensuring adequate healthcare funding, functional emergency departments, modern diagnostic equipment, uninterrupted electricity, reliable ambulance services and sufficient healthcare personnel.
It also called on lawmakers to subject themselves to the same standards of accountability they seek to impose on healthcare professionals.
In addition, NARD urged lawmakers to consider legislation compelling public office holders to seek medical treatment in government hospitals, arguing that political leaders should have confidence in the same healthcare system ordinary Nigerians depend 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.
The doctors’ association further warned that imposing additional criminal penalties on already overstretched healthcare professionals could worsen the country’s brain drain, popularly known as the ‘Japa syndrome’.
It said the proposed legislation could create a hostile working environment and discourage doctors and nurses from remaining in Nigeria at a time when the country was struggling to retain skilled medical personnel.
Although NARD acknowledged that the proposed bill reportedly contained provisions recognising resource limitations and circumstances beyond the control of healthcare professionals, 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 before proceeding.
It also recommended legislation that would guarantee minimum emergency-care infrastructure standards, 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.
The association said 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.
However, it assured that any action taken would be accompanied by 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.
