The Nigerian Association of Resident Doctors (NARD) has rejected a proposed amendment to the National Health Act that seeks to impose a six-month jail term or a fine of up to N300,000 on healthcare professionals and facilities over delays in emergency medical treatment.
The bill seeks to introduce mandatory timelines for emergency care and referrals.
NARD, in a statement on Thursday, argued that while it supports prompt emergency care, criminalising medical professionals without fixing systemic failures is unacceptable.
“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 said.
NARD noted that doctors work under extremely difficult conditions, including obsolete equipment, inadequate staffing, unreliable electricity, and deteriorating infrastructure.
The association argued that these challenges are consequences of longstanding institutional neglect, not professional negligence.
The group challenged lawmakers to demonstrate the same legislative urgency in ensuring adequate healthcare funding, modern diagnostic equipment, and sufficient personnel.
“You cannot legislate oxygen into an empty cylinder, electricity into a dark operating theatre, or life-saving equipment into an inadequately funded hospital,” NARD stated.

The association also warned that introducing criminal penalties against already overstretched professionals could accelerate the ongoing brain drain, commonly known as the Japa syndrome.
It called for the withdrawal and fundamental reconsideration of the punitive provisions, urging meaningful consultation with healthcare stakeholders.
NARD also criticised the preference for overseas medical treatment among sections of the political elite, suggesting that public officeholders should be compelled to seek medical treatment in Nigerian government hospitals to demonstrate confidence in the system.
“Let it be clearly understood that NARD will not stand idly by while doctors are made scapegoats for decades of neglect of Nigeria’s healthcare system,” the statement added.
The association warned that if the National Assembly proceeds to enact legislation that unjustly criminalises doctors for failures beyond their control, it will convene its decision-making organs to consider all lawful options, including nationwide industrial action.
“Fund our hospitals, equip our facilities, employ more health workers, provide constant electricity, and strengthen emergency services; not more prisons,” NARD demanded.
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