“Fix Hospitals Before Threatening Doctors With Jail” — NARD Demands Withdrawal Of Senate’s Emergency Care Penalties

*You Cannot Legislate Oxygen Into An Empty Cylinder

*Government’s Failure To Fund Hospitals

The Nigerian Association of Resident Doctors (NARD) has rejected a bill before the Senate 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.

The association described the proposed legislation as punitive and misplaced, insisting that healthcare professionals should not be held criminally responsible for the consequences of inadequate funding, obsolete medical equipment, personnel shortages and other institutional deficiencies beyond their control.

NARD’s position was contained in a statement issued on Thursday, November 5, 2026, 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 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, the association 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.

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.

NARD maintained that delays arising from such circumstances should not automatically be treated as 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 per cent budgetary allocation to healthcare envisaged under the Abuja Declaration.

It 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.

NARD argued that imposing rigid emergency response timelines without first ensuring that hospitals possess the necessary personnel, infrastructure and equipment would place healthcare workers in an unfair position.

It maintained that effective emergency care requires more than legislative directives, stressing that medical professionals must have access to functional facilities, essential supplies and adequate institutional support.

The association 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 such an approach could deepen the shortage of medical personnel and ultimately undermine the quality of healthcare available to Nigerians.

It therefore called on the Senate to withdraw the punitive provisions of the proposed amendment and undertake 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.

The association urged lawmakers to redirect their legislative attention towards guaranteeing adequate healthcare funding, establishing minimum standards for emergency facilities and creating effective accountability mechanisms for institutional failures.

It argued that healthcare reforms should distinguish between deliberate professional misconduct and delays caused by circumstances beyond the control of individual healthcare workers.

The doctors also questioned the commitment of political leaders to improving domestic healthcare facilities when some public officials continue to seek medical treatment abroad.

NARD maintained that ordinary Nigerians should not be left to depend on poorly equipped hospitals while healthcare professionals working in those facilities face threats of imprisonment for deficiencies they did not create.

The association 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, it 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.

The controversy follows the Senate’s advancement of legislation intended to strengthen the legal obligation of healthcare facilities to attend promptly to emergency patients.

The proposed amendment seeks to establish enforceable timelines for emergency assessment, stabilisation and referral, with penalties for non-compliance.

However, the bill has only passed second reading and has not become law.

NARD’s opposition now raises questions about how lawmakers intend to balance patients’ rights to prompt emergency treatment with the operational challenges confronting healthcare professionals and the responsibility of government to provide functional healthcare facilities.

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