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Nafdac And Appropriate Legal Framework

Published

12 years ago

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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

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Opinion

Why Reduce Cut-Off Mark for C.O.E ?

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2 days ago

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July 18, 2025

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Quote:”Although the idea of lowering the cut-off to below the pass mark of 200 does not sit well with many Nigerians. 35.5% in any examination anywhere in the world is a fail. And no candidate that scores below 200 should ideally be considered for admission into any tertiary institution in the country.”
Recently, the Joint Admissions and Matriculation Board (JAMB) and the tertiary education stakeholders approved 150 as the benchmark for admission into universities and 100 for polytechnics and colleges of education for the 2025/2026 academic session. They, However, clarified that no tertiary institutions should admit students who score below the approved scores, but institutions can still fix higher cut-off marks for their applicants. This has remained the pattern over the years. Higher scores are required to go into universities while applicants with lower scores are welcomed in colleges of education and polytechnics. And the question is, why?  At first glance, the disparity in the entry requirements into universities and colleges of education may appear to be a flexible, inclusive approach to higher education access. However, a deeper look reveals that pegging the college of education cut-off mark so low is not only problematic but a threat to the quality of education and the dignity of the teaching profession in Nigeria.
By setting the minimum entry score for Colleges of Education at just 100 out of 400, the message being sent is loud and clear: teaching is not a profession that demands excellence. It is a profession for the “Olodos” This undermines every effort claimed to be made by the government and stakeholders to reposition teaching as a noble, intellectual, and competitive career. The same country that wants to raise the standard of education cannot afford to lower the standard for training those who will educate future generations. Colleges of Education are responsible for preparing teachers for Nigeria’s basic education sector. These are the people who will teach children in their formative years—the foundation of any nation’s future. If we continue to accept candidates with very low academic abilities into these institutions, how can we expect them to produce competent, inspiring, and innovative educators?
Accepting candidates who score as low as 25% on the UTME is a recipe for mediocrity. It sends a message that anyone can be a teacher, regardless of their intellectual preparation. This will not only dilute the quality of teachers but worsen the already low public perception of the profession. There are many students with strong academic credentials who are genuinely passionate about becoming educators. Setting the cut-off at 100 trivializes their efforts and sacrifices. It lumps them together with individuals who may not have the intellectual or emotional readiness for teaching, leading to overcrowded classrooms, underwhelming graduates, and frustrated employers.While universities are expected to maintain a cut-off mark of 150, colleges of education are effectively reduced to a dumping ground for low-performing candidates. This dichotomy creates a sense of inequality and inferiority around education colleges, when in fact, the reverse should be the case.
If anything, those training to shape young minds should meet standards equal to or higher than university students, not lower.The effects of this policy may not be immediately visible, but in the long run, they will be devastating. We are likely to see: a further decline in basic education outcomes. Someone joked that as the cut-off mark keeps dwindling every academic year, by 2030, the cut-off for the universities will be 100 and that of colleges of education and polytechnics reduced to 70 or 50. Who is fooling who?The chances of having more poorly trained teachers entering the public school system is inevitable. An irritated teacher recently lamented how the public schools are flooded with so-called teachers who do not know their left from their right, compelling the old teachers to do the job of teaching and training them.The low entry requirements to colleges of education can lead to higher attrition rates in the teaching profession due to unprepared candidates; diminished respect and remuneration for teachers; greater educational inequality between rural and urban areas and lots more.
It is therefore advised that rather than lowering standards, those in-charge of the education should raise entry requirements for Colleges of Education to at least 140 or 150 to align with university expectations. Although the idea of lowering the cut-off to below the pass mark of 200 does not sit well with many Nigerians. 35.5% in any examination anywhere in the world is a fail. And no candidate that scores below 200 should ideally be considered for admission into any tertiary institution in the country. As earlier stated, our colleges of education are now painfully places for poor grade students. That should be concerning to those in authority and stakeholders in the education sector. And this can only be corrected when our leaders pay adequate attention to our colleges of education. There should be improved funding and facilities in these institutions to attract top-tier candidates.
Incentives such as scholarships, housing, or job security should be provided for those who perform well and commit to teaching. Some corporate organisations have done this over the years and one thinks it is high time both federal, state and local government areas get visibly and sincerely involved. All over the world, teaching is regarded as a noble and professional career and the case shouldn’t be different in Nigeria. If we are truly serious about fixing Nigeria’s education system, we must start by fixing how we train our teachers. Lowering the cut-off mark to 100 for Colleges of Education is a step backward and a stain on our national conscience. We must demand excellence from those who will one day stand before our children—not just in words, but in policy. After all, the quality of education in any nation will never rise above the quality of its teachers.
The reason usually adduced for lowering the cut-off mark is candidates’ poor performance at entrance exams. And one wonders how lowering the bar will lead to higher performance. How will that challenge students to harder? One thinks it high time those in-charge of the education sector, parents, and teachers think of solving the problems bedeviling the sector from the root instead of the usual method of treating the symptom rather than the disease. There is an urgent need to prioritize the welfare and quality of teachers if we must expect better results. It is also important that the authorities look into the speculations that the lower cut-off is a ploy by some universities to get maximum payment for Post UTME, knowing that no candidate with less than 200 will be given admission into any department in the institutions. This kind of extortion should not be allowed to continue.
What is even the reason for double entrance examinations for a single admission. If UTME is no longer enough to earn admission into higher institutions in Nigeria then JAMB should be scrapped and higher institutions given the authority to conduct their own entrance examinations.On the other hand, if JAMB is still found worthy of conducting credible entrance examinations into tertiary institutions in the country, then we should do away with post UTME examinations. Our education sector must be sanitized for us to get the best, desired result
Calista Ezeaku
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Opinion

Welcome! Worthy Future For R/S

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2 days ago

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July 18, 2025

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Quote:”The June accord is not the end of the crisis. It is the beginning of responsibility.To Fubara: Lead with humility, but do not abandon your authority. To Wike: Let your legacy be one of vision, not vengeance. To the Assembly: Return to your true employers—the people. To President Tinubu: Guard this peace not just with federal might, but moral clarity.”
After months of bitter power tussle between Governor Siminalayi Fubara and his estranged political godfather, Chief Nyesom Wike, months ago, Rivers has finally arrived at a moment that feels like the return of peace. Actually it should be the duty of all stakeholders to see that the peace so brokered between ‘father and son’ is sustained. Just two years ago, this conflict was unthinkable. Fubara, a career technocrat and former Accountant-General, was Wike’s trusted protégé handpicked and handed the reins of power after the 2023 elections. The baton was passed with confidence, perhaps even affection. The State House of Assembly dominated by Wike’s loyalists—moved to impeach him. Nine commissioners resigned. Government House fell eerily silent. Port Harcourt became a city of whispers.
What began as a brotherhood became brinkmanship. And by March 2025, it had spiraled so far that President Bola Tinubu was forced to impose emergency rule, suspending democratic processes and appointing an  administrator to restore order. On June 26, in a closed-door meeting at Aso Rock, Wike and Fubara shook hands under the watchful eyes of President Tinubu. Also present were lawmakers, party leaders, and peacemakers from across the federation. “No more acrimony,” Wike declared. “I will do everything within my power to sustain peace,” Fubara assured. For the people, this truce comes as a welcome relief but not without skepticism.“Peace is good, but we’ve heard this story before,” some said “Let them not sign peace in Abuja and bring trouble back to Port Harcourt.”The memory of the failed December 2023 accord still stings—a deal that promised healing but delivered deeper wounds. This time, the public wants more than promises. They want accountability.
“This is not just a political dispute it is  a leadership crisis that nearly destroyed the democratic soul of Rivers,” says Dr. Felix Chidiebere, a political scientist at the University of Port Harcourt. “Peace now must go beyond handshakes. It must show up in policy, in projects, in people’s lives.”Trust in the Assembly to legislate not legislate loyalty. Trust in the governor to govern with fairness, not fear. Trust in Wike to mentor, not manipulate. And above all, trust in the system to protect democracy. In the months of uncertainty, Rivers lost more than political direction it lost momentum.School roofs remain caved in. Youth empowerment programs are paused. Civil servants fear late salaries. Health centers sit idle. Foreign investors hover with hesitation.
Meanwhile, power brokers jostled for influence while ordinary lives were pushed to the margins. And yet, through it all, the people endured. They endured because they believed Rivers could be more than oil. More than politics. More than pain.
What the state needs at the moment is reconciliation, not revenge. The work ahead is not for politicians alone. Civil society, religious leaders, youth groups, and traditional rulers must now rise—not to pick sides, but to build bridges. There must be structure to this peace: community dialogue, legislative reform, perhaps even a truth and reconciliation commission. Peace, after all, is not a gift. It is a discipline. It must be protected, nourished, and enforced. As the National Youth Council of Nigeria rightly put it: “We want peace, but not at the cost of our constitution
The June accord is not the end of the crisis. It is the beginning of responsibility.To Fubara: Lead with humility, but do not abandon your authority. To Wike: Let your legacy be one of vision, not vengeance. To the Assembly: Return to your true employers—the people. To President Tinubu: Guard this peace not just with federal might, but moral clarity. Peace is the return of salaries. Peace is the sound of classrooms reopening. Peace is a contractor’s tools coming back to life. Peace is a young girl in Eleme daring to dream of becoming governor one day. Rivers doesn’t need perfect leaders. It needs present ones. Honest ones. Human ones.The ink has dried. The cameras are gone. Now begins the harder work—not of declaring peace, but of delivering it. Because in Rivers State, peace must not only be signed. It must be sustained. Yes, peace has come to stay. In my sincere thinking, I can put the current peace deal in the state as ‘No victor , no vanquish’…
 King Onunwor
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Opinion

Restoring Order, Delivering Good Governance 

Published

1 week ago

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July 11, 2025

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Quote:”But the tide must now turn. With the Senate’s approval of a record ?1.485 trillion budget for Rivers State for 2025, a new opportunity has emerged”.

The political atmosphere in Rivers State has been anything but calm in 2025. Yet, a rare moment of unity was witnessed on Saturday, June 28, when Governor Siminalayi Fubara and Minister of the Federal Capital Territory, Chief Nyesom Wike, appeared side by side at the funeral of Elder Temple Omezurike Onuoha, Wike’s late uncle. What could have passed for a routine condolence visit evolved into a significant political statement—a symbolic show of reconciliation in a state bruised by deep political strife.

The funeral, attended by dignitaries from across the nation, was more than a moment of shared grief. It became the public reflection of a private peace accord reached earlier at the Presidential Villa in Abuja. There, President Bola Ahmed Tinubu brought together Governor Fubara, Minister Wike, the suspended Speaker of the Rivers State House of Assembly, Martin Amaewhule, and other lawmakers to chart a new path forward.

For Rivers people, that truce is a beacon of hope. But they are not content with photo opportunities and promises. What they demand now is the immediate lifting of the state of emergency declared in March 2025, and the unconditional reinstatement of Governor Fubara, Deputy Governor Dr. Ngozi Odu, and all suspended lawmakers. They insist on the restoration of their democratic mandate.

President Tinubu’s decision to suspend the entire structure of Rivers State’s elected leadership and appoint a sole administrator was a drastic response to a deepening political crisis. While it may have prevented a complete breakdown in governance, it also robbed the people of their voice. That silence must now end.

The administrator, retired naval chief Ibok-Ette Ibas, has managed a caretaker role. But Rivers State cannot thrive under unelected stewardship. Democracy must return—not partially, not symbolically, but fully. President Tinubu has to ensure that the people’s will, expressed through the ballot, is restored in word and deed.

Governor Fubara, who will complete his six-month suspension by September, was elected to serve the people of Rivers, not to be sidelined by political intrigues. His return should not be ceremonial. It should come with the full powers and authority vested in him by the constitution and the mandate of Rivers citizens.

The people’s frustration is understandable. At the heart of the political crisis was a power tussle between loyalists of Fubara and those of Wike. Institutions, particularly the State House of Assembly, became battlegrounds. Attempts were made to impeach Fubara. The situation deteriorated into a full-blown crisis, and governance was nearly brought to its knees.

But the tide must now turn. With the Senate’s approval of a record ?1.485 trillion budget for Rivers State for 2025, a new opportunity has emerged. This budget is not just a fiscal document—it is a blueprint for transformation, allocating ?1.077 trillion for capital projects alone. Yet, without the governor’s reinstatement, its execution remains in doubt.

It is Governor Fubara, and only him, who possesses the people’s mandate to execute this ambitious budget. It is time for him to return to duty with vigor, responsibility, and a renewed sense of urgency. The people expect delivery—on roads, hospitals, schools, and job creation.

Rivers civil servants, recovering from neglect and under appreciation, should also continue to be a top priority. Fubara should continue to ensure timely payment of salaries, address pension issues, and create a more effective, motivated public workforce. This is how governance becomes real in people’s lives.

The “Rivers First” mantra with which Fubara campaigned is now being tested. That slogan should become policy. It must inform every appointment, every contract, every budget decision, and every reform. It must reflect the needs and aspirations of the ordinary Rivers person—not political patrons or vested interests.

Beyond infrastructure and administration, political healing is essential. Governor Fubara and Minister Wike must go beyond temporary peace. They should actively unite their camps and followers to form one strong political family. The future of Rivers cannot be built on division.

Political appointments, both at the Federal and State levels, must reflect a spirit of fairness, tolerance, and inclusivity. The days of political vendettas and exclusive lists must end. Every ethnic group, every gender, and every generation must feel included in the new Rivers project.

Rivers is too diverse to be governed by one faction. Lasting peace can only be built on concessions, maturity, and equity. The people are watching to see if the peace deal will lead to deeper understanding or simply paper over cracks in an already fragile political arrangement.

Wike, now a national figure as Minister of the FCT, has a responsibility to rise above the local fray and support the development of Rivers State. His influence should bring federal attention and investment to the state, not political interference or division.

Likewise, Fubara should lead with restraint, humility, and a focus on service delivery. His return should not be marked by revenge or political purges but by inclusive leadership that welcomes even former adversaries into the process of rebuilding the state.

“The people are no longer interested in power struggles. They want light in their streets, drugs in their hospitals, teachers in their classrooms, and jobs for their children. The politics of ego and entitlement have to give way to governance with purpose.

The appearance of both leaders at the funeral was a glimpse of what unity could look like. That moment should now evolve into a movement-one that prioritizes Rivers State over every personal ambition. Let it be the beginning of true reconciliation and progress.

As September draws near, the Federal government should act decisively to end the state of emergency and reinstate all suspended officials. Rivers State must return to constitutional order and normal democratic processes. This is the minimum requirement of good governance.

The crisis in Rivers has dragged on for too long. The truce is a step forward, but much more is needed. Reinstating Governor Fubara, implementing the ?1.485 trillion budget, and uniting political factions are now the urgent tasks ahead. Rivers people have suffered enough. It is time to restore leadership, rebuild trust, and finally put Rivers first.

By: Amieyeofori Ibim
Amieyeofori Ibim is former Editor of The Tide Newspapers, political analyst and public affairs commentator

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