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NIGERIA: NARD Rejects Jail Term for Doctors, Threatens Nationwide Strike

The association described the proposed amendment to the National Health Act as punitive, arguing that doctors should not be held criminally responsible for failures caused by inadequate funding, poor hospital infrastructure and shortages of medical personnel.

BABabatunde AbdulRaheem Lawal

The Nigerian Association of Resident Doctors (NARD) has rejected a proposed bill seeking to impose a six-month jail term or a fine of up to ₦300,000 on healthcare professionals for delays in providing emergency medical treatment, warning that the legislation could trigger a nationwide strike.

The association described the proposed amendment to the National Health Act as punitive, arguing that doctors should not be held criminally responsible for failures caused by inadequate funding, poor hospital infrastructure and shortages of medical personnel.

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In a statement signed by its President, Dr Ogar Emmanuel Idoko; Secretary-General, Dr Besongngem Akotanchi; and Publicity and Social Secretary, Dr Ashimom Timothy, NARD warned that it would consider all lawful options, including nationwide industrial action, if the National Assembly proceeded with the proposed provisions.

The bill, which has reportedly passed its second reading in the Senate, seeks to establish mandatory timelines for emergency medical treatment and referrals, with penalties for healthcare professionals and facilities that fail to comply.

While acknowledging the importance of timely emergency care and professional accountability, NARD insisted that lawmakers must first address the difficult conditions under which healthcare workers operate.

The association identified obsolete medical equipment, inadequate staffing, unreliable electricity, shortages of emergency supplies and deteriorating hospital infrastructure as major challenges affecting healthcare delivery across the country.

It also criticised the National Assembly for prioritising punitive measures against doctors while Nigeria continues to fall short of the 15 per cent health-sector budget allocation target outlined in the Abuja Declaration.

NARD challenged lawmakers to demonstrate similar commitment to providing functional emergency departments, modern diagnostic equipment, reliable ambulance services, uninterrupted electricity and adequate medical personnel.

The association further warned that criminalising doctors for circumstances beyond their control could worsen the migration of skilled medical professionals, adding that a hostile working environment could accelerate the country's brain drain.

It called for the withdrawal and reconsideration of the proposed provisions, urging wider consultations involving medical associations, hospital administrators, patient representatives and other relevant stakeholders.

NARD also advocated legislation that would guarantee adequate healthcare funding, establish minimum emergency-care standards and ensure accountability for institutional failures.

It maintained that any legal safeguards for situations beyond the control of medical practitioners must be clearly defined, comprehensive and enforceable to prevent doctors from being punished for unavailable equipment, inadequate staffing and other systemic shortcomings.

The association also challenged public officeholders to demonstrate confidence in Nigeria's public healthcare system by seeking medical treatment in government-owned hospitals rather than routinely travelling abroad for healthcare.

NARD maintained that the responsibility for fixing Nigeria's healthcare system should not be transferred to medical professionals through threats of imprisonment, insisting that improved facilities, adequate funding and better working conditions were necessary to strengthen emergency medical services.

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