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