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NMA Challenges Proposed Sanctions on Health Workers Over Emergency Care

Olamide

The Nigerian Medical Association has pushed back against a legislative proposal to penalize healthcare workers for refusing emergency patients, arguing that systemic infrastructure failures must be addressed first.

The Nigerian Medical Association (NMA) has formally rejected a legislative proposal currently under consideration by the National Assembly that seeks to impose fines and imprisonment on healthcare workers who refuse to treat emergency patients. According to a statement released on November 5, 2026, by NMA President Prof. Afekhide Ernest Omoti, the association views the proposed punitive measures as unjust and misdirected.

The Argument Against Punitive Legislation

Prof. Omoti argues that the focus of the National Assembly should be on holding the government accountable for the current state of the healthcare sector rather than criminalizing medical professionals. The NMA maintains that the existing National Health Act (NHA) already provides a legal framework prohibiting the refusal of emergency care. Therefore, the association suggests that the issue is not a lack of legislation, but a failure to implement existing laws and provide the necessary resources for their execution.

Financial and Infrastructure Barriers

A central point of contention for the NMA is the implementation of the Basic Health Care Provision Fund (BHCPF), established under Section 6 of the National Health Act. Prof. Omoti noted that this fund is intended to support emergency medical treatment and ensure that facilities are not left to bear the financial burden of such care alone. However, the NMA reports that the current implementation of the BHCPF remains inadequate, leaving many hospitals to absorb significant costs without reimbursement.

Beyond financial constraints, the NMA highlighted several systemic issues that hinder emergency service delivery:

  • Manpower Shortages: Poor remuneration and unfavorable working conditions have led to a significant migration of doctors and nurses, resulting in overwhelming workloads for remaining staff.
  • Infrastructure Deficiencies: Many facilities lack basic life-saving equipment, including functional ambulances, oxygen, blood products, and essential medical consumables.
  • Operational Constraints: The combination of inadequate supplies and staffing shortages makes it physically impossible for many facilities to meet the demands of emergency care.

A Call for Systemic Reform

The NMA president questioned the logic of threatening health workers with imprisonment for situations that are largely beyond their control. He emphasized that the current environment is already demoralizing for the workforce, and punitive measures could further exacerbate the exodus of medical talent from the country.

The association has urged the Senate to reconsider the proposed amendment and instead redirect legislative efforts toward addressing the fundamental deficiencies in the healthcare system. By focusing on the provision of infrastructure, adequate funding, and improved working conditions, the NMA believes the government can create an environment where emergency medical services can be effectively and safely delivered to all citizens.

Conclusion

The debate between the NMA and the National Assembly highlights the ongoing tension between legislative attempts to ensure patient safety and the practical realities of a strained healthcare system. As the proposal awaits further deliberation, the medical community remains firm in its stance that sustainable improvements in patient outcomes require addressing the root causes of hospital dysfunction rather than imposing criminal liability on those working within the system.

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p class=”vbna-source-note”>Source: Daily Post Nigeria

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