Opinion
Nafdac And Appropriate Legal Framework
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
From all indications, Nigeria possesses enough human and material resources to become a true economic powerhouse in Africa. According to the National Population Commission (NPC, 2023), the country’s population has grown steadily within the last decade, presently standing at about 220 million people—mostly young, vibrant, and innovative. Nigeria also remains the sixth-largest oil producer in the world, with enormous reserves of gas, fertile agricultural land, and human capital.
Yet, despite this enormous potential, the country continues to grapple with underdevelopment, poverty, unemployment, and insecurity. Recent data from the National Bureau of Statistics (NBS, 2023) show that about 129 million Nigerians currently live below the poverty line. Most families can no longer afford basic necessities, even as the government continues to project a rosy economic picture.
The Subsidy Question
The removal of fuel subsidy in 2023 by President Bola Ahmed Tinubu has been one of the most controversial policy decisions in Nigeria’s recent history. According to the president, subsidy removal was designed to reduce fiscal burden, unify the foreign exchange rate, attract investment, curb inflation, and discourage excessive government borrowing.
While these objectives are theoretically sound, the reality for ordinary Nigerians has been severe hardship. Fuel prices more than tripled, transportation costs surged, and food inflation—already high—rose above 30% (NBS, 2023). The World Bank (2023) estimates that an additional 7.1 million Nigerians were pushed into poverty after subsidy removal.
A Critical Economic View
As an economist, I argue that the problem was not subsidy removal itself—which was inevitable—but the timing, sequencing, and structural gaps in Nigeria’s implementation.
- Structural Miscalculation
Nigeria’s four state-owned refineries remain nonfunctional. By removing subsidies without local refining capacity, the government exposed the economy to import-price pass-through effects—where global oil price shocks translate directly into domestic inflation. This was not just a timing issue but a fundamental policy miscalculation.
- Neglect of Social Safety Nets
Countries like Indonesia (2005) and Ghana (2005) removed subsidies successfully only after introducing cash transfers, transport vouchers, and food subsidies for the poor (World Bank, 2005). Nigeria, however, implemented removal abruptly, shifting the fiscal burden directly onto households without protection.
- Failure to Secure Food and Energy Alternatives
Fuel subsidy removal amplified existing weaknesses in agriculture and energy. Instead of sequencing reforms, government left Nigerians without refinery capacity, renewable energy alternatives, or mechanized agricultural productivity—all of which could have cushioned the shock.
Political and Public Concerns
Prominent leaders have echoed these concerns. Mr. Peter Obi, the Labour Party’s 2023 presidential candidate, described the subsidy removal as “good but wrongly timed.” Atiku Abubakar of the People’s Democratic Party also faulted the government’s hasty approach. Human rights activists like Obodoekwe Stive stressed that refineries should have been made functional first, to reduce the suffering of citizens.
This is not just political rhetoric—it reflects a widespread economic reality. When inflation climbs above 30%, when purchasing power collapses, and when households cannot meet basic needs, the promise of reform becomes overshadowed by social pain.
Broader Implications
The consequences of this policy are multidimensional:
- Inflationary Pressures – Food inflation above 30% has made nutrition unaffordable for many households.
- Rising Poverty – 7.1 million Nigerians have been newly pushed into poverty (World Bank, 2023).
- Middle-Class Erosion – Rising transport, rent, and healthcare costs are squeezing household incomes.
- Debt Concerns – Despite promises, government borrowing has continued, raising sustainability questions.
- Public Distrust – When government promises savings but citizens feel only pain, trust in leadership erodes.
In effect, subsidy removal without structural readiness has widened inequality and eroded social stability.
Missed Opportunities
Nigeria’s leaders had the chance to approach subsidy removal differently:
- Refinery Rehabilitation – Ensuring local refining to reduce exposure to global oil price shocks.
- Renewable Energy Investment – Diversifying energy through solar, hydro, and wind to reduce reliance on imported petroleum.
- Agricultural Productivity – Mechanization, irrigation, and smallholder financing could have boosted food supply and stabilized prices.
- Social Safety Nets – Conditional cash transfers, food vouchers, and transport subsidies could have protected the most vulnerable.
Instead, reform came abruptly, leaving citizens to absorb all the pain while waiting for theoretical long-term benefits.
Conclusion: Reform With a Human Face
Fuel subsidy removal was inevitable, but Nigeria’s approach has worsened hardship for millions. True reform must go beyond fiscal savings to protect citizens.
Economic policy is not judged only by its efficiency but by its humanity. A well-sequenced reform could have balanced fiscal responsibility with equity, ensuring that ordinary Nigerians were not crushed under the weight of sudden change.
Nigeria has the resources, population, and resilience to lead Africa’s economy. But leadership requires foresight. It requires policies that are inclusive, humane, and strategically sequenced.
Reform without equity is displacement of poverty, not development. If Nigeria truly seeks progress, its policies must wear a human face.
References
- National Bureau of Statistics (NBS). (2023). Poverty and Inequality Report. Abuja.
- National Population Commission (NPC). (2023). Population Estimates. Abuja.
- World Bank. (2023). Nigeria Development Update. Washington, DC.
- World Bank. (2005). Fuel Subsidy Reforms: Lessons from Indonesia and Ghana. Washington, DC.
- OPEC. (2023). Annual Statistical Bulletin. Vienna.
By: Amarachi Amaugo