The Nigerian Association of Resident Doctors (NARD) has strongly opposed a proposed Senate bill seeking to impose up to six months’ imprisonment or a fine of ₦300,000 on healthcare workers and hospitals that delay attending to emergency patients.
The association warned that criminalising medical professionals without first addressing the persistent challenges facing Nigeria’s healthcare system could worsen the shortage of doctors and accelerate the migration of medical personnel abroad.Nigeria Politics Updates
NARD described the proposed legislation as punitive and misplaced, arguing that doctors should not be held criminally responsible for failures caused by inadequate government funding, outdated medical equipment, insufficient staffing and poor hospital infrastructure.
The association made its position known in a statement released on Thursday, November 5, 2026. The statement was jointly signed by its President, Dr. Ogar Emmanuel Idoko; Secretary-General, Dr. Besongngem Akotanchi; and Publicity and Social Secretary, Dr. Ashimom Timothy.
The reaction followed the Senate’s consideration of a proposed amendment to the National Health Act, which has passed its second reading. The bill seeks to establish stricter timelines for assessing, treating, stabilising and referring patients who require emergency medical attention.
It also proposes criminal penalties for healthcare professionals and hospitals that fail to comply with the stipulated emergency care requirements.
Although NARD acknowledged the importance of providing immediate medical attention to patients in critical conditions, it argued that lawmakers were overlooking the difficult circumstances under which many Nigerian healthcare professionals operate.
The association maintained that it was unfair to punish doctors for delays caused by problems they have little or no power to resolve.
“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.
According to NARD, several public hospitals across the country are struggling with outdated medical equipment, inadequate personnel, unreliable electricity, shortages of essential emergency supplies and deteriorating infrastructure.
It explained that these challenges frequently prevent healthcare facilities from providing timely emergency services, regardless of the dedication and professional competence of the doctors on duty.
The association therefore argued that delays resulting from institutional and systemic failures should not automatically be classified as medical negligence or criminal misconduct.
NARD also questioned why lawmakers were prioritising criminal sanctions against healthcare workers while Nigeria continues to struggle to meet the healthcare funding commitment outlined in the Abuja Declaration, which recommends allocating 15 per cent of national budgets to the health sector.Buy Maps
It challenged the National Assembly to demonstrate similar determination in addressing poor hospital funding, dysfunctional emergency units, inadequate ambulance services, unstable electricity and the shortage of essential diagnostic and life-saving equipment.
“You cannot legislate oxygen into an empty cylinder, electricity into a dark operating theatre, or life-saving equipment into an inadequately funded hospital,” NARD declared.
The association further warned that introducing strict emergency response timelines without ensuring that hospitals have the necessary equipment, infrastructure and personnel would place doctors in an impossible position.
It stressed that effective emergency healthcare delivery requires more than passing legislation, insisting that medical professionals must be provided with functional facilities, adequate supplies and sufficient institutional support.
Beyond the immediate challenges, NARD expressed concern that the proposed penalties could worsen the ongoing exodus of Nigerian doctors to foreign countries, popularly known as the Japa syndrome.
The association warned that exposing healthcare professionals to possible imprisonment over failures caused by systemic deficiencies could make medical practice in Nigeria increasingly unattractive.
It added that the development could encourage more doctors to seek employment abroad, further worsening the country’s existing shortage of medical personnel and reducing access to quality healthcare for ordinary Nigerians.
Consequently, NARD called on the Senate to remove the punitive provisions from the proposed amendment and conduct wider consultations with relevant stakeholders before taking further legislative steps.
It specifically urged lawmakers to engage medical associations, healthcare professionals, hospital administrators, patient representatives and other groups directly involved in emergency medical services.
The association also called for greater attention to healthcare funding, improved emergency facilities, minimum operational standards for hospitals and effective accountability measures to address institutional failures.
It maintained that any healthcare legislation must clearly distinguish between deliberate professional misconduct and delays resulting from circumstances beyond the control of individual medical practitioners.
NARD also questioned the commitment of political leaders to improving Nigeria’s healthcare infrastructure, particularly as some public officials continue to travel abroad to access medical treatment.Nigeria Politics Updates
According to the association, ordinary Nigerians should not be forced to depend on poorly equipped hospitals while the doctors working in those same facilities face the threat of imprisonment for shortcomings they did not create.
The doctors warned that they would not remain silent if the proposed legislation was passed in its current form.
NARD said it was prepared to explore all lawful options to protect its members, including possible industrial action, while maintaining safeguards for emergency cases and critically ill patients.
However, the association clarified that its opposition to the bill should not be mistaken for support for denying or neglecting patients who require urgent medical attention.
Instead, it argued that responsibility for effective emergency healthcare delivery must be shared among medical professionals, hospital management and the government, which is responsible for providing adequate funding and maintaining public healthcare facilities.
“The responsibility for fixing Nigeria’s healthcare system cannot be transferred from government to doctors through the threat of imprisonment,” the association concluded.
The controversy comes after the Senate advanced the proposed amendment to strengthen the legal obligations of healthcare facilities to provide prompt emergency medical attention.
The bill seeks to establish enforceable timelines for emergency assessment, treatment, stabilisation and referral, alongside penalties for hospitals and healthcare workers who fail to meet the requirements.
However, the proposed legislation has only passed its second reading and has not yet become law.
NARD’s opposition has therefore raised fresh concerns about how lawmakers intend to protect patients’ rights to immediate medical attention while also addressing the severe operational challenges facing healthcare professionals and the government’s responsibility to provide adequately equipped hospitals.