From Doris Obinna
Association of Community Pharmacists of Nigeria (ACPN) has called for amendments to some sections of the Fake Drug and Unwholesome Foods Act to enhance the effectiveness of the legislation in combating the proliferation of counterfeit products.
In a letter to Senate President, Godswill Akpabio, ACPN raised the alarm over the increasing prevalence of fake and counterfeit drugs, as well as unwholesome foods and drinks in the country.
The letter, dated January 21, 2025, and entitled, “Renewed Influx of Fake and Counterfeit Drugs and Unwholesome Foods and Drinks in Nigeria,” was signed by ACPN National Chairman, Ambrose Eze and National Secretary, Mrs. Omokhafe Ashore.
The association called for an amendment to Section 3 of the existing Act concerning penalties, emphasising the urgent need for stronger measures to combat this growing public health threat.
The letter partly reads, “Your Excellency, we clamour for specific amendments in the under-listed areas of the existing Fake Drug and Unwholesome Foods Act.
According to the ACPN, the proposed amendments should read: “Any person who commits an offence under Section 1 of this Act, is liable on conviction to a fine not lesser than N20,000,000 or imprisonment for a term not lesser than 10 years or more than 20 years or to both fine and imprisonment.
“Section 2 (1) of this Act should attract the same penalty as above. Section 5 – Establishment of the Federal Task Force – Create a new section that paves the way for the Director General, National Agency for Food and Drug Administration and Control (NAFDAC), Prof. Mojisola Adeyeye to be appointed the chairman of the Federal Task Force, while the Director/Head Enforcement at Pharmacists Council of Nigeria (PCN) shall be Vice chairman. In the absence of the DG, NAFDAC who is the chairman, the vice chairman must be empowered to act on behalf of the Task Force.
“Section 7 – Establishment of the State Task Force – A chairman of the State Task Force who shall be a registered pharmacist not below the rank of a Director must be appointed. A vice chairman who shall be the Head of the Enforcement department at the PCN state office shall also be appointed. The vice chairman of the State Task Force shall act on behalf of the chairman in his absence.”
According to ACPN, the amendment clauses are aimed at enforcing stricter sanctions to deter offenders involved in the distribution of fake drugs and unwholesome food substances. The amendments also seek to revise Sections 5 and 7 to enhance collaboration between the NAFDAC and the PCN. This partnership is deemed essential in the ongoing effort to combat the growing menace of counterfeit pharmaceuticals and unsafe food products in the country.
The ACPN said, “Your Excellency, we wish to assure you of the desire of the ACPN to collaborate with your office in pursuing these ideals in the best interest of consumers of health in Nigeria. We look forward to your prompt expedition of action on this request.”
ACPN while reflecting on the lingering issue of counterfeit medications and unsafe food products in the country pointed out that the dilemma has been a longstanding concern, with roots tracing back to 1988.
Specifically, ACPN said that the Federal Ministry of Health (FMoH), in partnership with the World Health Organisation (WHO), conducted studies to assess the drug distribution system in Nigeria in 1988.
The findings from these studies underscore the ongoing challenges faced in ensuring the safety and integrity of pharmaceuticals and food supplies in the country, it noted.
It also added that the establishment of Community Wellness Centres (CWCs) was a significant move to enhance public health safety targeted to replace the Open Drug Markets (ODMs) in Nigeria. This initiative aligns with the National Drug Distribution Guidelines (NDDG) introduced a decade ago in 2015, it added.
The association emphasised the urgency of collaborative efforts to protect consumers from the nearly five million unregistered drug-selling operations that proliferate across both rural and urban areas in Nigeria.
It urged the National Assembly to promptly amend the existing Fake Drug and Unwholesome Food Act, transforming it into a more robust legislative framework.
