The Nigerian Association of Resident Doctors (NARD) has rejected a proposed law seeking to punish healthcare workers and hospitals for delays in emergency medical treatment.
The bill proposes a six-month jail term or a fine of up to ₦300,000 for facilities and medical professionals who violate emergency care standards.
NARD described the proposal as punitive, arguing that it could criminalise doctors for failures caused by Nigeria’s poorly funded and overstretched healthcare system.
In a statement issued on Friday in Calabar, the association said it supports prompt emergency treatment but opposes penalties that ignore the conditions under which medical workers operate.
The statement was signed by NARD President, Dr Ogar Idoko; Secretary-General, Dr Besongngem Akotanchi; and Publicity and Social Secretary, Dr Ashimom Timothy.
NARD highlights poor hospital conditions
The association said doctors work in hospitals struggling with obsolete equipment, inadequate staffing, unreliable electricity and shortages of emergency medical supplies.
It also identified deteriorating infrastructure as a major obstacle to effective emergency care.
NARD argued that these challenges reflect years of institutional neglect rather than professional negligence.
“It is unacceptable to punish doctors for the consequences of a healthcare system that successive governments have failed to adequately fund, equip and staff,” the association stated.
The doctors also criticised lawmakers for prioritising penalties against medical workers while Nigeria continues to fall short of the 15 per cent health budget allocation commitment under the Abuja Declaration.
NARD challenged the National Assembly to show similar urgency in providing functional emergency departments, modern diagnostic equipment, reliable ambulances and sufficient medical personnel.
“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 added.
Doctors warn of worsening brain drain
NARD further warned that additional criminal penalties could worsen the migration of skilled healthcare professionals from Nigeria.
It said an increasingly hostile working environment could push more doctors and nurses to seek opportunities abroad.
The association acknowledged that the proposed bill recognises situations where resource shortages prevent healthcare workers from meeting prescribed timelines.
However, it insisted that these protections must be clear, comprehensive and enforceable.
According to NARD, doctors should not face criminal punishment for unavailable equipment, inadequate staffing or other institutional failures beyond their reasonable control.
The association also challenged public officeholders to use government hospitals for medical treatment.
It argued that lawmakers should consider accountability measures for the misuse of public resources on avoidable overseas medical trips.
What the proposed bill seeks to change
The bill, sponsored by Senator Abdulaziz Yar’Adua, seeks to amend the National Health Act, 2014.
It has passed its second reading in the Senate and proposes specific timelines for emergency assessment, treatment and patient referrals.
Under the proposed provisions:
- Hospitals would assess emergency patients within 15 minutes of arrival.
- Healthcare workers would begin basic stabilisation within 30 minutes.
- Hospitals would assign beds within two hours, where space is available.
- Facilities would begin referral arrangements within two hours when patients require transfer.
- Hospitals would complete referrals within three hours, subject to specified external circumstances.
- Facilities would arrange ambulance dispatch or alternative transport within 30 minutes of deciding to refer a patient.
The proposal also provides for a fine of up to ₦300,000, imprisonment for up to six months, or both, for violations.
NARD called on lawmakers to reconsider the punitive provisions and consult medical associations, hospital administrators, patient representatives and other stakeholders.
The association maintained that Nigeria must address its healthcare funding and infrastructure challenges alongside efforts to improve emergency treatment.
The proposed amendment remains under legislative consideration and is not yet an enacted law.
