Nigerian Senate passes bill to jail doctors and nurses up to six months for delaying emergency care

The Nigerian Senate moved a new health‑care amendment forward on Wednesday, approving it for a second reading by voice vote. According to the draft law, which seeks to modify the 2014 National Health Act by establishing guidelines for urgent care and patient transfers, judicial bodies may sentence medical institutions and personnel, including physicians and nurses, to half a year of incarceration or a monetary penalty not exceeding 300,000 naira if they postpone critical medical assistance.

Senate President Godswill Akpabio declared the enactment of the measure during the full chamber meeting, observing that a significant portion of the legislative body voted in favor of it. The proposal was then directed to the Senate Committee on Tertiary and Primary Health for additional review and a session open to the public.

Sponsored by Senator Abdulaziz Yar'adua of the All Progressives Congress (APC) representing Katsina Central, the amendment seeks to set mandatory timelines for emergency care. It requires hospitals to begin treatment within 15 minutes of a patient’s arrival and to carry out basic stabilisation measures—such as oxygen therapy, intravenous fluids, pain relief and preliminary diagnostics—within 30 minutes.

Background

The proposed amendment builds on the 2014 National Health Act, which currently provides a framework for health‑care delivery but lacks specific enforcement mechanisms for emergency response. Senator Yar'adua argued that delays in emergency treatment have contributed to preventable deaths, citing several high‑profile cases where patients died after alleged postponement of care.

Key provisions of the bill include:

Healthcare providers are required to immediately begin critical procedures such as resuscitation, securing airways, and stopping hemorrhage as soon as a condition posing a risk to life is recognized. - A requirement that hospitals assign a bed to patients needing admission within two hours, provided beds are available. - If a facility cannot admit a patient, it must begin stabilisation and start the referral process within two hours, completing the transfer within three hours, except where external factors such as transport difficulties, insecurity or natural conditions intervene. - Ambulance dispatch or alternative transport must be arranged within 30 minutes of a referral decision. - Protection for practitioners who document resource constraints, provided they follow the referral protocol and report the circumstances to management or the appropriate authority.

The bill also prohibits hospitals from refusing emergency patients under any circumstances, reinforcing the principle of universal emergency access.

Why it matters

If enacted, the amendment would create legal accountability for health‑care providers, potentially altering hospital operating procedures across Nigeria’s public and private sectors. The prospect of imprisonment or a substantial fine is intended to deter delays that can exacerbate medical conditions and increase mortality.

Stakeholders in the health‑care system—including professional associations, hospital administrators and patient advocacy groups—are likely to be affected. Hospitals may need to invest in additional staff, equipment and training to meet the stipulated timelines, especially in under‑resourced facilities.

The bill also addresses referral inefficiencies that have historically plagued emergency care, aiming to streamline patient transfers and reduce the time patients spend waiting for transport to higher‑level facilities.

What happens next

After securing approval at the second reading stage, the legislation is now moving to the Senate Committee on Tertiary and Primary Health for a thorough investigation. The committee is expected to hold a public hearing where experts, health‑care workers and civil‑society representatives can present evidence and opinions.

After committee review, the amendment will return to the Senate floor for a third reading and final vote. If passed, it will be sent to the President for assent before becoming law. The timeline for these steps has not been specified, but the Senate’s swift voice‑vote indicates a strong legislative appetite to address emergency‑care delays.

The outcome of the public hearing and subsequent deliberations will determine whether the proposed penalties and timelines are retained, modified, or rejected, shaping the future of emergency medical standards in Nigeria.