The Nigerian Association of Resident Doctors (NARD) has rejected a proposed amendment to the National Health Act seeking to impose a jail term of up to six months or a fine of ₦300,000 on healthcare professionals and facilities over delays in providing emergency medical treatment.
The association described the proposed legislation as punitive, arguing that it would criminalise healthcare workers for failures arising from inadequate funding, poor infrastructure, insufficient staffing and a shortage of essential medical equipment in hospitals across the country. NARD made its position known in a statement issued on Friday, November 6, 2026, in Calabar.
The statement was signed by the association’s President, Dr Ogar Idoko; Secretary-General, Dr Besongngem Akotanchi; and Publicity and Social Secretary, Dr Ashimom Timothy.
NARD acknowledged the importance of prompt emergency medical attention and the need to protect patients from preventable harm. However, it maintained that healthcare professionals should not face criminal punishment for circumstances beyond their control, particularly when hospitals lack the resources required to provide timely treatment.
The association said doctors routinely work under difficult conditions, including obsolete medical equipment, inadequate personnel, unreliable electricity, insufficient emergency supplies and deteriorating hospital infrastructure. It argued that these challenges reflect longstanding institutional failures rather than necessarily constituting professional negligence.
The proposed amendment, sponsored by Senator Abdulaziz Yar’Adua, representing Katsina Central, seeks to establish mandatory timelines for emergency assessment, treatment, stabilisation and referral in public and private healthcare facilities.
The bill passed its second reading in the Senate on Wednesday, November 4, and was referred to the Senate Committee on Tertiary and Primary Health for further legislative consideration and a public hearing. It proposes a fine of up to ₦300,000, imprisonment for a term not exceeding six months, or both, for healthcare providers and facilities that violate its provisions.
Under the proposed standards, hospitals would be required to begin triage and initial assessment within 15 minutes of an emergency patient’s arrival. Where a licensed medical doctor is unavailable, a trained and certified nurse may conduct the initial assessment.
The bill also proposes that basic stabilisation measures, including oxygen therapy, intravenous fluids, pain relief and preliminary diagnostic procedures, commence within 30 minutes. Life-saving interventions such as cardiopulmonary resuscitation, airway management and bleeding control would be required immediately after a life-threatening condition is identified.
For patients requiring admission, the proposed amendment stipulates that a hospital bed should be assigned within two hours, provided one is available. Where a facility lacks the capacity to admit a patient, it would be required to begin stabilisation and arrange a referral. The transfer process should be completed within three hours of arrival, except where external circumstances such as insecurity, transportation difficulties or natural conditions prevent compliance.
The bill also contains provisions offering protection to healthcare practitioners who cannot meet the prescribed timelines because of resource constraints. Such practitioners would be required to document the circumstances, follow the referral protocols and report the situation to hospital management or the appropriate authority.
Despite these safeguards, NARD insisted that the protections must be explicit, comprehensive and enforceable to ensure that doctors are not held criminally responsible for institutional failures, unavailable equipment or inadequate staffing.
The association further questioned the priorities of lawmakers, urging the National Assembly to demonstrate similar urgency in addressing inadequate healthcare funding, improving emergency departments, providing modern diagnostic equipment, ensuring reliable electricity and strengthening ambulance services.
It also warned that introducing additional criminal penalties against already overstretched healthcare workers could worsen the migration of medical professionals from Nigeria, commonly referred to as the japa trend.
NARD called on lawmakers to consider the conditions under which doctors work before introducing measures that could make the healthcare environment more difficult for frontline practitioners. It also challenged public officials to demonstrate confidence in the country’s healthcare system by relying on domestic hospitals for medical treatment.
The debate over the proposed amendment comes amid wider concerns about delays in emergency treatment and the challenges facing Nigeria’s healthcare system. While the legislation seeks to establish enforceable standards for emergency care, resident doctors insist that accountability must be accompanied by adequate investment in the facilities and personnel expected to deliver those services.
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