The Nigerian Association of Resident Doctors (NARD) has opposed a proposed amendment to the National Health Act seeking to impose a six-month jail term or a ₦300,000 fine on healthcare professionals over delays in providing emergency medical treatment.
The association described the proposed penalties as punitive, arguing that doctors should not be held criminally responsible for failures caused by inadequate healthcare infrastructure and longstanding institutional neglect.
NARD President, Dr Ogar Idoko, stated this in a statement issued in Calabar on Friday, insisting that the government must address the challenges confronting the healthcare system before introducing additional criminal sanctions against medical practitioners.
He acknowledged the importance of prompt emergency medical attention and patient protection but maintained that healthcare professionals across the country operate under difficult conditions, including obsolete equipment, inadequate staffing, unreliable electricity and shortages of emergency medical supplies.
According to him, these challenges are largely consequences of institutional failures rather than professional negligence.
Idoko urged the National Assembly to prioritise healthcare funding and infrastructure, including functional emergency departments, modern diagnostic equipment, reliable ambulance services and adequate medical personnel.
He also called for legislation compelling public office holders to patronise government hospitals, alongside sanctions for the misuse of public resources on avoidable overseas medical treatment.
The NARD president warned that imposing additional criminal penalties on already overstretched healthcare workers could worsen the country’s brain drain, popularly referred to as the “Japan syndrome”.
While acknowledging that the proposed bill reportedly contains safeguards for circumstances beyond medical practitioners’ control, he insisted that such provisions must be clearly defined and enforceable.
The association called for the withdrawal and reconsideration of the proposed punitive provisions, urging lawmakers to consult healthcare associations, hospital administrators, patient representatives and other relevant stakeholders.
Idoko further warned that NARD would consider all lawful options, including nationwide industrial action, if the proposed legislation proceeded without addressing the underlying challenges in the health sector.
He, however, assured that the association would make arrangements to protect emergency and critically ill patients during any industrial action.
The development follows the Senate’s consideration of a bill seeking to punish hospitals and healthcare workers who refuse or delay emergency medical treatment.
The proposed legislation, sponsored by Senator Abdulaziz Yar’Adua, representing Katsina Central Senatorial District, passed its second reading on Wednesday.
