The Nigerian Association of Resident Doctors, known as NARD, has formally opposed proposed legislation that prescribes a six-month prison sentence or a fine of up to N300,000 for medical practitioners over delays in attending to emergency patients, cautioning that the measure could provoke a nationwide strike.
In an official statement jointly signed by its President, Dr Ogar Emmanuel Idoko; Secretary-General, Dr Besongngem Akotanchi; and Publicity and Social Secretary, Dr Ashimom Timothy, the association characterized the amendment to the National Health Act as unduly punitive. NARD emphasized that clinicians ought not to face criminal charges for service breakdowns driven by systemic deficiencies, such as chronic underfunding, dilapidated infrastructure, and severe workforce shortages.
The controversial legislation, which has reportedly advanced past the second reading in the Nigerian Senate, aims to establish strict timelines for emergency medical interventions and patient referrals while enforcing strict penalties for non-compliance among medical personnel and institutions.
Why is NARD opposing the proposed legislation?
While recognizing the importance of timely medical interventions and high standards of professional accountability, the association argued that federal lawmakers must first tackle the difficult operational realities confronting medical professionals in public institutions.
NARD highlighted several critical institutional challenges impeding healthcare delivery across the country:
- Widespread use of obsolete medical equipment and tools.
- Acute shortages of qualified healthcare personnel.
- Unreliable power supply in public hospitals.
- Inadequate emergency supplies and consumables.
- Deteriorating physical infrastructure.
The association criticized the legislature for focusing on punitive measures against practitioners while the government continues to miss international funding benchmarks, specifically the Abuja Declaration target of allocating 15 percent of the national budget to the health sector.
What are the wider implications for the health sector?
Furthermore, NARD cautioned that criminalizing medical personnel for operational failures beyond their individual control would exacerbate the ongoing exodus of skilled clinicians, commonly referred to as the 'japa' syndrome. They argued that a hostile regulatory environment would only accelerate the departure of medical experts.
The association advised lawmakers to withdraw the punitive clauses and initiate broad consultations with medical unions, hospital management teams, patient advocates, and other key sector players. Additionally, NARD urged the National Assembly to concentrate on enacting laws that secure sustainable health financing, enforce minimum standards for emergency care, and hold government institutions accountable for systemic shortcomings.
Finally, the doctors challenged public officeholders to demonstrate faith in the domestic healthcare system by patronizing local public hospitals instead of frequently traveling abroad for medical treatment, maintaining that the burden of fixing the nation's health sector cannot be unfairly shifted onto practitioners through threats of incarceration.