By BANNERNEWS Reporter, Calabar
The Nigerian Association of Resident Doctors (NARD) has rejected proposed legislation seeking to impose a six-month jail term or a fine of up to N300,000 on doctors and other healthcare professionals over delays in emergency medical treatment.
The association warned that it could consider nationwide industrial action if the National Assembly proceeds with the proposed punitive provisions, insisting that medical practitioners should not be held criminally responsible for failures caused by years of neglect of the healthcare system.
The proposed amendment to the National Health Act, which has reportedly passed second reading in the Senate, seeks to establish mandatory timelines for emergency treatment and referral, with penalties for healthcare professionals and facilities that fail to comply.
In a statement signed by its President, Dr Ogar Emmanuel Idoko; Secretary-General, Dr Besongngem Akotanchi; and Publicity and Social Secretary, Dr Ashimom Timothy, NARD acknowledged the importance of prompt emergency care but faulted the decision to introduce criminal sanctions without first addressing the conditions in which doctors work.
The association identified inadequate medical equipment, insufficient personnel, unreliable electricity, shortages of emergency supplies and deteriorating hospital infrastructure as major constraints confronting healthcare workers across the country.
It argued that doctors should not be punished for institutional failures beyond their control, particularly when government hospitals lack the basic facilities required to provide timely emergency care.
NARD also questioned the priorities of lawmakers, noting that Nigeria had yet to meet the 15 per cent health-sector funding commitment under the Abuja Declaration, despite the urgent need to strengthen public hospitals.
It challenged the National Assembly to channel similar legislative urgency towards ensuring adequate funding, functional emergency departments, modern diagnostic equipment, reliable ambulance services and sufficient healthcare personnel.
The association further warned that imposing additional criminal penalties on already overstretched medical professionals could worsen the country’s brain drain, as more doctors and other health workers might seek opportunities abroad.
NARD called for the withdrawal and fundamental reconsideration of the proposed punitive provisions, urging lawmakers to consult medical associations, hospital administrators, patient representatives and other relevant stakeholders.
It also demanded explicit legal safeguards to ensure that doctors are not prosecuted for delays arising from unavailable equipment, inadequate staffing or other circumstances beyond their reasonable control.
The association challenged political officeholders to demonstrate confidence in the country’s public healthcare system by using government hospitals for their medical needs, instead of relying on overseas medical treatment.
It maintained that meaningful reform should focus on adequate funding, improved hospital infrastructure, staffing and institutional accountability rather than criminalising frontline medical workers.
NARD warned that if the National Assembly enacted legislation that unjustly punished doctors for systemic failures, it would convene its appropriate decision-making organs to consider all lawful options, including nationwide industrial action, while making arrangements to protect emergency and critically ill patients.
