Opinion

Nafdac And Appropriate Legal Framework

Published

12 years ago

September 25, 2013

The imperativeness of an ideally cultivated ,strengthened
and absolutely cherishable legal framework to backup the ongoing strategic and monumental exploits of the nation’s health-boosting and life saving organ- the National Agency for Food, Drug Administration and Control (NAFDAC) cannot be underplayed. In line with the saying that where there are no laws, there are no sins, it has become imperative for the Nigerian Government through its parliamentary and judicial arm to re-strengthen the legal instrument backing the agency’s enforcement activities.
The considerable age long adage which says “spare the rod and spoil the child” is emphatic of the need for appropriate, or better put, commensurate disciplinary measures for undisciplined acts. Consequently, a country that lacks strong anti unpatriotic acts laws cannot effectively maximize its Judicial machinery to inculcate patriotism and absolute discipline in its citizenry. Emphatically, drug adulterators or fakers are “murderers” who deserve no less than capital punishment when caught, prosecuted and eventually convicted by the law courts. In other words, this act could be tagged wilfull determination of a group or individuals to commit a grievous act of “genocide” by placing greed and love for money above consideration for human life.
It has therefore become imperative for government to re-strengthen its commitment towards the ongoing NAFDAC engineered war against pharmaceutical products counterfeiters by urgently mandating the Nigerian Parliament to critically overhaul and reform the agency’s enabling laws such that it would allow for very stiff and commensurate penalties to be adopted for persons found guilty of pharmaceutical, as well as NAFDAC regulated products faking.
For clarity of my thought and purpose in this presentation, reference must be made to the practice in countries like India and China where majority of the nations pharmaceutical products are imported. For instance, owing to protest and complaints from the Nigerian government through NAFDAC under the leadership of Dr. Paul B. Orhii, the government of China had to sentence six of their citizens to death for manufacturing and shipping into Nigeria, cloned and counterfeited pharmaceutical products.
It would be recalled that in-view of the passionate status of the international community towards its commitment to human right issues which recently culminated in their call for the abolition and expunging of the “death sentence” clause from constitution and laws of countries worldwide, India and China have entrenched a capital punishment of “Life jail” for convicted drug counterfeiters. The onus now rests on Nigeria to outrightly exhibit her resentment for drug fakers in action by entrenching punitive anti-counterfeiting measures in the laws regulating NAFDAC operations. Notably, it would be frustrating for patriotic and committed NAFDAC officials to embark on laborious, energy-sapping and highly demanding enforcement exercises leading to apprehension, prosecuting and conviction of counterfeiters of the agency’s regulated products, particularly drugs, only for such offenders to be treated with kid gloves by the Nation’s law courts through the imposition of laughable sentences and fines. The bone of contention however is that events seems to have overtaken certain provisions of the agency’s enabling laws particularly those that have to do with the weight and size of punishment to be metted out to persons found to have acted contrarily or sabotaged the agency’s efforts at entrenching and sustaining a healthy society for all.
All over the world, the wealth of a nation is predominantly determined by the health of the mass of its citizenry. A little wonder that globally, “good health is considered as good wealth”. In Nigeria, the commitment of the President Goodluck Ebele Jonathan led democratic administration towards guaranteeing, providing and sustaining a healthy Nigerian populace through critical overhaul and repositioning of the nation’s health boosting machineries is arguably not in doubt.
Established and empowered by decree no 15 of 1993 as amended, and now ACT cap NI laws of the federation of Nigeria(LFN ) 2004 and consequently accorded a comprehensive mandate which empowers it to regulate as well as control the manufacture, importation, exportation, distribution, advertisement, sale and use of food, drugs, medical devices, cosmetics, chemicals and packaged water, the agency has remained focused and maximally committed, not limited towards ensuring that the aspirations of its founding fathers are met, but also to re-strategize and reposition it to conveniently confront modern practices and challenges in global healthcare delivery practices.
The “monumental footprints” so far engraved by the agency in the nation’s healthcare delivery sector through dynamic innovations and sophisticated approaches towards confronting and conquering healthcare delivery retarding “cankerworms” are indeed laudable and will continuously remain memorable in the minds of every Nigerian. However, the bases of this presentation which incidentally appears to be the bone of contention is that events in global healthcare services fortification seems to have overtaken the age long legal policies governing NAFDAC operations.
Unquestionably, the amendment seeking aspect of the Agency enabling laws is particularly the clauses which have to do with the weight, size, degree of punishment, penalty stipulated for persons found contravening the agency’s Acts by acting contrarily or sabotaging its efforts towards entrenching and maximally sustaining a healthy society for all.
Come to think of it, having been endowed with a vibrant and ideally focused chief executive whose leadership style encompasses the fostering of an all inclusive healthcare management strategy and thereby successfully striking a chord with the Nigeria populace by guaranteeing a new and modernized hope hinged on deft management of resources, apparently anchored on discipline, accessibility, transparency, there is indeed no doubt that a new vista has unquestionably been opened in the annals of Nigeria’s healthcare services sanitisation and fortification.
But all those achievements of NAFDAC will amount to nothing if urgent measures are not adopted by the nation’s Judiciary and the National Assembly to alter the disgusting and out rightly laughable status- quo which amount to treating capital health offences with levity.
A good example in this regard is the recent assault on officials of NAFDAC who were on inspection of a bakery in Osogbo, Osun State capital during which a baker, Mr. Afolabi Narudeen was found to be using deadly and cancer causing flour enhancer, popularly known as potassium bromate, outlawed by NAFDAC in accordance with international health practice.
A Federal High Court in Osogbo convicted, Mr. Afolabi Nurudeen to one year imprisonment with an option of N4,000 (Four thousand Naira) in lieu.
Although the judgment which eventually resulted in very light sentence is not the fault of the Judge as it was in accordance with the nations legal provisions in that regard, it is a very ridiculous punishment which lacked the strength and ability to forestall future similar occurrence.
Conclusively, it would not amount to an over statement to posit that the laws establishing the National Agency for Food, Drug Administration and Control – NAFDAC is outdated and obsolete and thus the urgent need for its review to bring it in tune with modern practice in health care delivery globally. The current precarious situation has brought about the need for a concerted effort towards tackling this anti-enforcement catalyst through the provision of a more effective and very pro-active legal policy frame work.
Ikhilae is a Lagos based Public Affairs Analyst .

Martins F.O. Ikhilae

Opinion

Beyond the Adichie Tragedy

Published

5 days ago

March 16, 2026

The Tide

Quote:: “Justice must never depend on fame, wealth, or connections. The child of a roadside trader deserves the same standard of care as the child of a globally celebrated writer. When accountability works only for the prominent, public trust in institutions quietly erodes.”

Public reaction to the suspension of doctors by the Medical and Dental Council of Nigeria (MDCN) following the death of the son of celebrated Nigerian writer Chimamanda Ngozi Adichie reveals something deeper than outrage over a single tragedy. Across social media and public commentary, a recurring sentiment stands out: many Nigerians believe justice was served only because of the prominence of the family involved. Comments such as “The doctors were punished because Chimamanda is well known,” or “If it was a poor man’s child, the case would have been swept under the carpet,” capture a troubling lack of faith in the system.

Whether these perceptions are always accurate is not the most important issue. What should concern the nation is that so many citizens instinctively believe that justice in Nigeria often depends on status, wealth, or influence.The tragedy that befell the Adichie family is heartbreaking. No parent should have to bury a child, particularly under circumstances that raise questions about professional responsibility. But beyond the grief lies a larger national concern: medical negligence in Nigeria is far more widespread than the few cases that attract public attention. Across the country, families quietly lose loved ones in hospitals and clinics under troubling circumstances. Patients are sometimes misdiagnosed. Emergency cases may be delayed. Surgical procedures may be mishandled, while basic standards of care can be compromised due to negligence, poor supervision, or systemic pressure on medical staff.

In many situations, grieving families simply accept their loss and move on, believing there is little they can do. The result is what can only be described as a silent epidemic of unreported medical negligence.In more developed healthcare systems, such incidents rarely go unexamined. Independent regulatory bodies investigate complaints, enforce professional standards, and sanction erring practitioners. In the United Kingdom, for instance, the Care Quality Commission inspects hospitals, clinics, and care providers to ensure strict compliance with safety and quality standards.Nigeria does have oversight institutions, notably the Medical and Dental Council of Nigeria. However, enforcement often appears inconsistent, and many cases of negligence never reach the stage where regulators can intervene. Sometimes victims are unaware of the complaint process. In other cases, fear, cost, or bureaucracy discourage families from seeking justice.

While government institutions must improve their oversight mechanisms, citizens must also confront a difficult truth: Nigerians often fail to pursue their rights when they are violated. Too frequently, when injustice occurs, people retreat into resignation. Instead of filing complaints or seeking legal remedies, many respond with the familiar phrase: “God will judge them.” Faith is important, but it should not replace civic responsibility. A society that leaves accountability solely to divine intervention risks allowing negligence and impunity to flourish. Some commentators have suggested that the Adichie family likely pursued the matter relentlessly through petitions and formal complaints before authorities acted. If that is the case, it demonstrates a path other citizens can follow. When malpractice occurs, persistence in seeking justice can make institutions respond.

If more families reported cases of medical negligence to the appropriate authorities, regulatory bodies would have stronger grounds to investigate. Public pressure would also push healthcare institutions to improve their standards. Negligence, as defined by Nigeria’s Supreme Court in Odinaka v. Moghalu, refers to the failure to do what a reasonable and prudent person would have done under similar circumstances. Within medical ethics, physicians are expected to provide competent care with compassion and respect for human dignity. These principles form the foundation of the duty of care that patients rely upon. Citizens must therefore be able to recognise signs of negligence and take appropriate steps to seek redress. Patients and families should learn to document incidents, keep medical records, ask questions about treatment decisions, and report suspicious circumstances surrounding medical care.

Where necessary, formal complaints should be lodged with regulatory authorities or pursued through the courts. Civil society organisations, advocacy groups, and the media also play a crucial role. By exposing cases of negligence and demanding accountability, they help ensure such incidents do not disappear into silence. A healthcare system shielded from scrutiny cannot improve. Nevertheless, responsibility cannot rest solely on citizens. Government must take decisive steps to strengthen healthcare regulation and reduce medical negligence. Hospitals and clinics—both public and private—should undergo regular inspections to ensure compliance with professional standards, safety protocols, and ethical guidelines. Persistent violations must attract meaningful sanctions. Legal practitioner and Senior Advocate of Nigeria Olisa Agbakoba has suggested the creation of an independent health regulatory authority and the restoration of Chief Medical Officers at federal and state levels.

In the past, these officials, alongside health inspectors, helped enforce professional standards and ensured accountability within healthcare facilities. Government must also invest more seriously in the training and continuous education of healthcare professionals. Medicine is an evolving field, and practitioners must constantly update their knowledge and skills. Mandatory professional development programmes, stricter licensing renewal requirements, and improved mentorship systems could help reduce errors arising from outdated practices or inadequate training. At the same time, systemic challenges within the healthcare system cannot be ignored. Many Nigerian doctors and nurses work under extremely difficult conditions—overcrowded hospitals, outdated equipment, staff shortages, and overwhelming patient loads. Such pressures increase the risk of mistakes and professional burnout.

Improving healthcare infrastructure, funding, and staffing is therefore not merely an administrative matter; it is a fundamental requirement for patients’ safety. Equally important is transparency when allegations of negligence arise. Investigations must be timely, credible, and accessible. Families deserve to know what happened to their loved ones and whether professional standards were breached. Regulatory bodies must ensure that findings are communicated clearly so that public confidence in the healthcare system is strengthened. The tragedy that drew national attention to medical negligence should not be treated as an isolated incident involving a prominent personality. Rather, it should serve as a wake-up call for systemic reform.

Every Nigerian life carries equal value. Justice must not depend on prominence or privilege. When citizens demand accountability and institutions respond with fairness and transparency, trust begins to grow. Nigeria’s health sector is filled with dedicated doctors, nurses, and medical workers who save lives daily despite difficult conditions. Recognising their commitment, however, should not prevent society from confronting the reality that negligence sometimes occurs—and when it does, it must be addressed firmly. If this painful moment encourages Nigerians to speak up, demand accountability, and push for stronger regulatory systems, it may yet produce meaningful reform. Citizens must refuse to accept negligence as fate, while government strengthens oversight and improves healthcare conditions. Only through this collective effort can Nigeria build a healthcare system where every patient—regardless of social status—receives safe, responsible, and dignified care.

By: Calista Ezeaku

Opinion

As The World Celebrates Women

Published

5 days ago

March 16, 2026

The Tide

Quote:” “Every woman who works tirelessly to raise her children, run a business, support her family or contribute to her community is shaping the future of society. These quiet, everyday efforts may not always make headlines, but they remain the foundation upon which strong families, communities and nations are built.”

The celebration of International Women’s Day offers another important moment to reflect on the strength, resilience and achievements of women across the world. It is a time not only to celebrate the progress made over the years, but also to recognise the courage, determination and commitment that continue to define women’s contributions in every sphere of society. Across the globe, women are steadily breaking barriers and redefining possibilities. From leadership and governance to science, education and enterprise, women continue to prove that their capacity to contribute meaningfully to development is limitless. Particularly inspiring are the strides being made by women across Africa and here in Nigeria. In many instances, these achievements are recorded despite limited access to resources and opportunities when compared with their counterparts in other parts of the world. Yet, through determination, hard work and resilience, women continue to rise above these challenges and make their mark

In Nigeria today, the role of women in national development is increasingly evident. Women are actively shaping policies, building businesses, strengthening institutions and supporting communities. Their influence can be seen in sectors such as healthcare, education, media, technology and public administration. Through dedication and innovation, they contribute significantly to the growth and stability of the nation. In Rivers State, women have also distinguished themselves in remarkable ways. Across different sectors, they continue to make meaningful contributions to the political, economic and social advancement of the state. Many are thriving as entrepreneurs, running successful businesses, supporting their families and creating opportunities for others. Others are making valuable contributions within the healthcare sector, working tirelessly as doctors, nurses and administrators to improve the wellbeing of communities.

Women in the state are also excelling in academia, nurturing young minds and contributing to knowledge through teaching and research. In the media and communication sector, they play critical roles in information dissemination, shaping public conversations and telling the stories that matter to society. Within government institutions and the civil service, women continue to demonstrate professionalism, competence and dedication to duty. Over the years, Rivers State has produced women whose accomplishments have earned them respect and admiration both within and outside the state. The Deputy Governor of Rivers State, Professor Ngozi Nma Odu, stands as one such example. A seasoned academic and public servant, she continues to demonstrate the capacity of women to contribute meaningfully to governance and policy development. Her presence in such a high office serves as encouragement to young women who aspire to leadership and public service.

Similarly, the Head of Service of Rivers State, Dr. (Mrs.) Inyingi S. I. Brown, has demonstrated strong leadership within the public service. Her role in coordinating and strengthening the activities of the civil service reflects years of dedication, professionalism and commitment to service. Another notable example is Justice Mary Odili, whose distinguished career in the judiciary stands as a testament to discipline, excellence and commitment to justice. Her years of service at the highest level of Nigeria’s judicial system have made her a respected figure and a source of inspiration to many. While these women have earned public recognition for their contributions, it is equally important to acknowledge the countless women whose efforts often go unnoticed. Across homes, workplaces and communities, many women continue to make sacrifices that sustain families and strengthen society. Every woman who works tirelessly to raise her children, run a business to support her family, contribute to community development or serve diligently in her workplace is also making a significant impact.

These everyday efforts, often carried out quietly, remain vital to the growth and stability of society. As we reflect on the significance of this occasion, it is important to remember that every woman’s contribution matters. Whether in leadership positions or within the everyday responsibilities of life, the role of women remains central to the progress of our communities.To every woman striving to achieve her dreams despite the challenges along the way, your efforts are valid, seen and meaningful. Your journey matters. Your resilience, dedication and determination continue to inspire hope for a better and more inclusive society.

Happy International Women’s Day.

By: Ledornubari@star

Opinion

Agony In Ivory Tower

Published

2 weeks ago

March 9, 2026

The Tide

Quote: A university that tolerates missing scripts, result manipulation and ‘sorting’ is not merely failing students—it is quietly destroying the moral foundation of education itself.”

The sad cases of missing scripts, compulsory Sorting, inputting of wrong results and other obnoxious practices in some public universities, leave much to be desired. One cannot imagine how a student will be compelled to suffer consequences of the flagrant negligence of a Head of Department, a lecturer, Department staff or an ICT staff.Many academic and non academic staff in several public universities seem to be performing far below standard, thus unproductive to the university system. The unacceptable cases of sorting, missing scripts, missing results, inputting of wrong grades to students, should not be mentioned in a university, not even in any academic community. This is because people who are employed to work in various positions should have cognate work experience and unquestionable competence. They should not be seen as certificate welding illiterates but people who have been proven to be worthy in learning and character, diligent and competent to carry out assigned responsibilities with minimal or no supervision.

The university as a citadel of learning should boast of men of integrity, people who are repositories of applied knowledge and competence to drive the much desired holistic development in a nation that functions on quality teaching and learning. A situation where a student having gone through the crucibles of learning and written a prescribed semester examination or class-based evaluation test, is told that his or her script is missing or that he or she did not participate in that academic exercise, or must sort to pass, is an unpardonable error and a height of callousness. In fact some lecturers and staff of Departments are using the seeming systemic defect (which is their architecture) as an opportunity to extort students. Sometimes it is discovered much to students chagrin that the supposed missing script was later discovered when a ransom was paid.

Since a lecturer, or Head of Department has in their disposal both Yam and the knife and determines who takes what (if they wish to give without strings), students have no alternative but to submit to their importunate demands in order to graduate at record time.Such practices should be unheard of in an institution that should be a vanguard of moral and ethical values and conduct. What people learn in school constitute their behavioural patterns in the society. Where the school as an agency of socialisation cannot drive positive change first in its immediate environment, then the objective of education as a bedrock for the development of society, is inevitably compromised and counter-productive. The German Reformer, Dr. Martins Luther was quoted as saying, “I advise parents not to put their wards or children in any school where the Bible is not being used as a rule of life because such institutions will unnecessarily be corrupt”.

Gleaning from Luther’s sentiment one can deduce that the lack of respect and regard for values as well as the absence of the fear of God is the greatest undoing of most public schools. Another major challenge is that lack of Information, Communication and Technology literacy or compliance on the part of some lecturers and heads of department, may have informed the decision to give students’ scripts to secretaries to compile and input students results thereby making the secretaries the determinants of students’ fate. It is not saying a new thing that some of the secretaries in the process of compiling results have inputted wrong results, omitted names or down graded some students or given unmerited grades to others.Society today is ICT-driven and ICT-literacy enhances efficiency, speed and a reasonable degree of accuracy if the person behind the computer is level headed, articulate, competent, alive to responsibilities and is aware that negligence on his or her part is not only tantamount to a disservice to the university but to the students who may not graduate at record time because of his or her (computer operator’s) gross ineptitude or carelessness.

The ICT era makes the carrying of hard copy of results obsolete as lecturers through the Heads of Department can log on to the central server of the Exams and Records (if any) or ICT unit and input students’ results directly. By so doing the incessant cases where result on spread sheet is different from the one published online, more often than not, caused by abject negligence, will be avoided. The process will also end the intermediary services of some staff in the universities’ Information, Communication and Technology Department which has become a money spinner-a lucrative source of income to many of them. In fact some ICT staff reserved the power to award grades to students depending on students’ degree of compliance to terms and conditions. They can dubiously make or unmake a student. The university community should be considered too lofty to have careless, negligent, immoral and academic or professionally deficient people as academic or non-academic staff.

The Governing Councils and Senates of universities should be proactive in addressing the menace of missing Script, inputting of wrong results and sorting. This is necessary to end the slogan “Education is scam” so the system can produce quality students who are truly found worthy in learning and in character by operators who exemplify diligence, moral and ethical values. The much-needed reform must begin within the institutions themselves, because the future of any society is shaped in its classrooms.

By: Igbiki Benibo