NARD Rejects Senate’s Jail Threat for Doctors Over Emergency Delays

NARD opposes a Senate bill proposing a six-month jail term or a fine of up to ₦300,000 for healthcare workers and hospitals over delays in attending to emergency patients, warning that criminalising doctors without addressing longstanding failures in the healthcare system could worsen the country’s medical workforce crisis.

Legislators Tackle Emergency Care Standards

The Senate is considering a proposed amendment to the National Health Act, which has passed second reading and seeks to introduce stricter timelines for the assessment, treatment, stabilisation and referral of patients requiring emergency medical attention. The proposed legislation provides for criminal penalties against healthcare workers and hospitals found to have violated the prescribed emergency care requirements.

While acknowledging the importance of prompt and effective emergency treatment, NARD argued that the proposed penalties failed to recognise the realities confronting doctors and other healthcare professionals in Nigerian hospitals. “It is unacceptable to punish doctors for the consequences of a healthcare system that successive governments have failed to adequately fund, equip and staff,” NARD stated.

NARD maintained that delays resulting from such circumstances should not be automatically deemed professional negligence or criminal misconduct. The association questioned the decision of lawmakers to prioritise criminal sanctions against medical professionals while the country continues to fall short of the 15% budgetary allocation to healthcare envisaged under the Abuja Declaration.

The association explained that many public hospitals operate under extremely difficult conditions characterised by obsolete equipment, inadequate medical personnel, frequent electricity outages, shortages of emergency supplies and deteriorating infrastructure. According to the doctors, these conditions often affect the ability of healthcare facilities to deliver timely emergency services, irrespective of the commitment or competence of individual medical practitioners.

Systemic Deficits vs. Criminal Liability

NARD challenged the National Assembly to demonstrate the same urgency in addressing inadequate healthcare funding, dysfunctional emergency units, unreliable electricity supply, shortages of ambulances and the absence 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,” the association declared.

The association argued that imposing rigid emergency response timelines without ensuring hospitals have the necessary personnel, infrastructure, and equipment would place healthcare workers in an unfair position. They stressed that effective emergency care requires more than legislative directives, emphasising the need for functional facilities, essential supplies, and adequate institutional support.

NARD further warned that the proposed criminal penalties could accelerate the migration of Nigerian doctors to other countries, a trend commonly referred to as the “Japa syndrome.” According to NARD, threatening healthcare professionals with imprisonment over failures that may arise from systemic deficiencies could make medical practice in Nigeria increasingly unattractive.

The association expressed concern that this approach could deepen the shortage of medical personnel and ultimately undermine the quality of healthcare available to Nigerians. They called on the Senate to withdraw the punitive provisions of the proposed amendment and engage in broader consultations with relevant stakeholders before proceeding with the legislation.

NARD specifically demanded meaningful engagement with medical and healthcare professional associations, hospital administrators, patient representatives, and other stakeholders directly involved in emergency medical services. They urged lawmakers to refocus their efforts on guaranteeing adequate healthcare funding, establishing minimum standards for emergency facilities, and creating effective accountability mechanisms for institutional failures.

In a November 5, 2026 statement, NARD’s leadership—President Dr. Ogar Emmanuel Idoko, Secretary-General Dr. Besongngem Akotanchi, and Publicity and Social Secretary Dr. Ashimom Timothy—outlined their position. They argued that healthcare professionals should not bear criminal responsibility for issues stemming from inadequate funding, outdated equipment, and personnel shortages, emphasising the need to address systemic failures before penalising individual doctors.

NARD highlighted the harsh conditions in many public hospitals, including obsolete equipment, frequent power outages, and shortages of essential supplies. These challenges, they argued, impede the ability to provide timely emergency care, regardless of doctors’ dedication.

The association called for a clear distinction between professional misconduct and delays caused by systemic issues.

NARD warned that it would not remain silent if the proposed legislation was passed in its present form. It stated that it would consider all lawful options available to protect its members, including industrial action, while ensuring that emergency and critically ill patients are protected.

The association stressed that its opposition to the bill should not be interpreted as support for the rejection or neglect of emergency patients. Rather, they maintained that the responsibility to provide timely and effective emergency treatment must be shared by healthcare professionals, hospital management, and the government responsible for funding and maintaining the health system.

“The responsibility for fixing Nigeria’s healthcare system cannot be transferred from government to doctors through the threat of imprisonment,” NARD concluded.