In search of legislation to curb counterfeit drugs in Nigeria

The number of the perpetrators and  profit margins derived from the business have not decreased phenomenally in recent times despite the world-wide campaign and protests against the trade by stakeholders.Nigeria is not left out of the global menace of circulation of counterfeit drug due to poor legislations.Stakeholders are of the opinion that  Nigeria’s legislation in […]

The number of the perpetrators and  profit margins derived from the business have not decreased phenomenally in recent times despite the world-wide campaign and protests against the trade by stakeholders.
Nigeria is not left out of the global menace of circulation of counterfeit drug due to poor legislations.
Stakeholders are of the opinion that  Nigeria’s legislation in the area of administration of food and drugs are enormously insufficient to combat the menace, especially in the realm of penalties and victims’ remedy.
Many Nigerians have lost their lives, while few lucky ones are alive with others left paralysed due to the consumption of counterfeit food and drugs.
The  status of people  who fell prey to the antics  of the counterfeiters includes but is not limited to the intelligentsia and the privileged ones.
Stakeholders  said counterfeit medical products violate the right to life  or right to quality life of innocent victims.
They said counterfeit drugs have led to grave public health implications, including treatment failures and death, increased hospital admission, prolonged hospital admission and development of resistance.
The National Agency of Food and Drugs Administration and Control (NAFDAC) came into being  by Decree 15 of 1993 as emended by Decree 19 of 1999 and vested with the responsibilities to regulate and control importation,exportation,manufacture,advertisement,distribution,sale and use of food, drugs, cosmetics, medical devices, bottled water and chemicals.
Other substantive legislations that guide the  activities of NAFDAC include, Food and Drugs Act CAP F32 LFN 2004, National Agency for Food and Drugs Administration and Control Act CAP N1 LFN 2004 and Food, Drugs and Related Products Act CAP F33 LFN.
Others are, Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous provisions) Act CAP C34 LFN 2004, National Drug Formulary and Essential Drugs List Act CAP N29 LFN24 and Marketing Breast Milk Substitutes Act CAP M5 LFN 2004.
But Director General of NAFDAC Paul Orhii said the  above laws which provide legal basis for NAFDAC’s activities are obsolete, weak, non-deterrent, unwieldy and un-implementable, adding that these laws hinder effective regulation and should be amended to meet the demand of current realities.
He stated that example of such inadequate legal provision is Section 3 of the Counterfeit and Fake Drugs and Unwholesome processed foods (Miscellaneous Provisions) Act CAP C34 LFN 2004 which prescribes a fine of N500,000 or a discretionary 15-year jail term upon conviction.
According to him, weakness of the law breeds lawlessness resulting to impunity, oppression, exploitation and violation of human rights regarding the case of drug counterfeiters.
Orhii said his organisation is set to amend some of NAFDAC laws in order to provide for stiffer penalties and protection of whistleblowers.
He revealed that one of the provisions in the proposed laws seeks life jail and seizure of assets upon conviction, compensation for victims where counterfeit product is found to be the proximate cause of the injury.
He lamented that the profit margins in the nefarious business of drugs counterfeiting leave the perpetrators with huge and filthy wealth to hire the services of expensive attorneys that have mastered   the art of delay tactics.
He implored judges in the country to try as much as possible to give matters involving counterfeiting of drugs, misbranding of regulated products and unwholesome processed food the desired priority in the country.
“While NAFDAC, under the current management, has a commitment to always obey court orders and conduct its activities in accordance with the law, it looks up to the bench for support in the protection of the health of the nation by bringing to book drug counterfeiters and other violators of NAFDAC regulations and imposing maximum penalties available in the statutes,” he said.
At a recent international judges conference in Lagos, former Chief Justice of Nigeria, Justice Mariam Aloma Mukhtar said  that counterfeiting and circulation of fake products have serious consequences on public health and prosperity of the nation.
According to her, counterfeiting has a direct effect on innovators and intellectual property right holders since it constitutes an infringement of their intellectual property rights.
She said that the exposure of Nigerian judges to the relevant international legal framework and enforcement mechanism by the conference would ensure the building of capacity for the handling of counterfeit product cases.
“Counterfeiters are dangerous and mean spirited but we expect all persons involved in the enforcement to adhere strictly to the rule of law. The laws may not be adequate, NAFDAC can engage with the appropriate bodies to review its laws, while the judges will explore all the options within the ambit of the law to ensure the protection of the consumers,” she said.
Many Nigerians advocated maximum penalty for counterfeiters and seek the support of the members of the bar and the bench to  successfully win the war against the dreaded counterfeiters in the country.