The Nigerian Association of Resident Doctors (NARD) has rejected proposed legislation seeking a six-month jail term or a fine of up to N300,000 for healthcare professionals over delays in emergency medical treatment, warning that it could trigger a nationwide strike.

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

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 said it would explore 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 sanctions for healthcare professionals and facilities that fail to comply.

While acknowledging the importance of prompt emergency care and professional accountability, NARD insisted that lawmakers must first address the conditions under which medical personnel operate.

It identified obsolete equipment, inadequate staffing, unreliable electricity, shortages of emergency supplies and deteriorating hospital infrastructure as major challenges confronting healthcare workers.

The association also criticised the National Assembly for prioritising penalties against doctors while Nigeria continues to fall short of the 15 per cent health-sector budget allocation commitment under the Abuja Declaration.

It challenged lawmakers to show similar urgency in providing functional emergency departments, modern diagnostic equipment, reliable ambulance services, uninterrupted electricity and adequate medical personnel.

NARD further warned that criminalising doctors for circumstances beyond their control could worsen the migration of skilled medical professionals, accelerating the country’s brain drain.

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

The association also urged lawmakers to enact legislation guaranteeing adequate healthcare funding, minimum emergency-care standards and accountability for institutional failures.

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

NARD also challenged public officeholders to demonstrate confidence in Nigeria’s public hospitals by seeking medical treatment in government-owned facilities rather than routinely relying on overseas medical services.

The association maintained that responsibility for fixing the country’s healthcare system cannot be transferred to doctors through threats of imprisonment.