Posted on: Thu 30-01-2025

LAGOS – The Association of Com­munity Pharmacists of Nigeria (ACPN) has called for amendments to some sections of the Fake Drug and Unwholesome Foods Act to enhance the effectiveness of the legislation in combating the proliferation of counterfeit products.

In an open letter dated Janu­ary 21, 2025, addressed to Senate President Sen. Godswill Akpabio, ACPN raised the alarm over the increasing prevalence of fake and counterfeit drugs, as well as unwholesome foods and drinks in the country.

The letter, dated January 21, 2025, and entitled, “Renewed In­flux Of Fake And Counterfeit Drugs And Unwholesome Foods And Drinks In Nigeria,” was signed by ACPN National Chair­man Pharm. Ambrose I. Eze and National Secretary Pharm. (Mrs.) Omokhafe Ashore.

The association called for an amendment to Section 3 of the ex­isting Act concerning penalties, emphasising the urgent need for stronger measures to combat this growing public health threat.

The letter partly reads, “ Your Excellency, we clamour for specif­ic amendments in the under-list­ed areas of the existing Fake Drug and Unwholesome Foods Act.

According to the ACPN, the proposed amendments should read: “Any person who commits an offence under (A) Section 1 of this Act, is liable on conviction to a fine not lesser than N20,000,000 or imprisonment for a term not lesser than 10 years or more than 20 years or to both fine and im­prisonment.

“(B) Section 2 (1) of this Act should attract the same penalty as above. Section 5 – Establish­ment of the Federal Task Force – Create a new section that paves the way for the DG, NAFDAC to be appointed the chairman of the Federal Task Force, while the Director/Head Enforcement at PCN shall be Vice chairman of the Federal Task Force. In the absence of the DG, NAFDAC who is the chairman, the vice chair­man must be empowered to act on behalf of the Task Force.

“Section 7 – Establishment of the State Task Force – A chair­man of the State Task Force who shall be a registered pharmacist not below the rank of a Director must be appointed. A vice chair­man who shall be the Head of the Enforcement department at the PCN State Office shall also be appointed. The Vice Chairman of the State Task Force shall act on behalf of the chairman in his absence.”

Amendments To Strengthen Sanc­tions Against Fake Drugs

According to ACPN, the amendment clauses are aimed at enforcing stricter sanctions to deter offenders involved in the distribution of fake drugs and unwholesome food substances. The amendments also seek to re­vise Sections 5 and 7 to enhance collaboration between the Na­tional Agency for Food and Drug Administration and Control (NAFDAC) and the Pharmacists Council of Nigeria (PCN). This partnership is deemed essential in the ongoing effort to combat the growing menace of counter­feit pharmaceuticals and unsafe food products in the country.

The ACPN said, “Your Excel­lency, we wish to assure you of the desire of the ACPN to collab­orate with your office in pursuing these ideals in the best interest of consumers of health in Nigeria. We look forward to your prompt expedition of action on this re­quest.”

ACPN while reflecting on the lingering issue of counterfeit medications and unsafe food products in the country, pointed out that the dilemma has been a longstanding concern, with roots tracing back to 1988.

Specifically, ACPN said that the Federal Ministry of Health (FMOH), in partnership with the World Health Organisation (WHO), conducted studies to as­sess the drug distribution system in Nigeria in 1988.

The findings from these stud­ies underscore the ongoing chal­lenges faced in ensuring the safety and integrity of pharma­ceuticals and food supplies in the country, it noted.

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The letter also reads, “The WHO studies revealed that 33 percent of drugs in circulation in Nigeria were fake, and seven percent of this quantum was fatal on consumption. This led to the promulgation of Nigeria’s first decree on fake, counterfeit, and unwholesome food substances (Decree 21 of 1988), which was subsequently amended by Decree 17 of 1989.

“Ten years later, in 1998, a review exercise by the Faculty of Pharmacy UNILAG revealed more startling realities. At this time, 49.6 percent of fake drugs were traceable to Open Drug Mar­kets (ODM), and 32.8 percent were directed to the doorstep of Patent Medicine Vendors. 12.8 percent of the fake drug incidences led to fa­talities, while 10.8 percent ended in therapeutic failure.

“The late Dora Akunyili era gave some hope and respite as it appeared there was a signifi­cant drop in fake drug incidence between 2001 and 2009 when she held sway at NAFDAC. The influx of fake drugs, foods, and especial­ly drinks in Nigeria has become a major source of worry in con­temporary times.

“Our usually dependable re­search-based efforts indicate that we are back to the days of over 50 percent of drugs in circulation being fake and substandard as against official figures hovering between 13 percent and 15 per­cent.

“Despite some modest efforts by NAFDAC, the influx of fake drugs and unwholesome food and drinks has surged very sig­nificantly in the last five years when the Federal Task Force and the equivalent State Task Forces have almost become mor­ibund with negligible regulato­ry output. At the closing stages of the 1999 transition, the Fake Drug Act was entrenched in the statutes but this has not been substantially activated in recent times,” ACPN said.

The community pharmacists recalled that one of the signif­icant developments for drug market regulation, the Nation­al Agency for Food and Drug Administration and Control (NAFDAC) was a landmark col­laboration with the Pharmacists Council of Nigeria (PCN) in Jan­uary 2024.

This partnership aimed to strengthen oversight in the Sab­on-Geri drug market, coinciding with the official launch of Nige­ria’s first Coordinated Wholesale Centres (CWC) in Kano, Kano State. The initiative marks a pos­itive step towards improving the safety and quality of pharmaceu­ticals in the region, ACPN noted.

New Drug Centres To Combat Un­registered Drug Sales

Community pharmacists noted that the establishment of Community Wellness Centres (CWCs) was a significant move to enhance public health safety targeted to replace the Open Drug Markets (ODMs) in Nigeria. This initiative aligns with the Nation­al Drug Distribution Guidelines (NDDG) introduced a decade ago in 2015, it added.

The association emphasised the urgency of collaborative ef­forts to protect consumers from the nearly five million unregis­tered drug-selling operations that proliferate across both rural and urban areas in Nigeria. It urged the National Assembly to prompt­ly amend the existing Fake Drug and Unwholesome Food Act, transforming it into a more ro­bust legislative framework.

ACPN further reiterating con­cerns over the escalating threat posed by counterfeit products, noted that the issue of fake bever­ages has evolved into a multi-bil­lion-naira industry, driven by unscrupulous individuals. This alarming trend underscores the critical need for enhanced reg­ulatory measures to safeguard public health.

The letter noted, “For the re­cords, the CWC are the well-reg­ulated drug centres which are de­signed to replace the Open Drug Markets (ODMs) by virtue of the National Drug Distribution Guidelines (NDDG) released ten years ago in 2015.

“Your Excellency, it is the spirit of such collaborations we desire to save consumers of health from the almost five million unregis­tered drug-selling outfits that dot both the rural and urban centers in Nigeria. The NASS must, as a matter of urgency, amend the existing Fake Drug and Unwhole­some Food Act to become a much more potent Act of parliament.

“Apart from the dangers that Nigerians were familiar with in the case of fake drugs, the fake drink conundrum is assuming a gargantuan tens-of-billion-naira business championed by mod­ern-day merchants of death,” the ACPN said.

The ACPN is the umbrella template of practicing pharma­cists who undertake routine dis­pensing, management of minor ailments, and total drug manage­ment in all community settings in Nigeria.

Its membership is spread all over the 36 states of the federa­tion and the FCT and is projected to be over 20,000. The ACPN is a technical group of the PSN, one of the oldest professional bodies in Nigeria, and globally affiliated with the International Pharma­ceutical Federation (FIP).

SOURCE: DAILY SUN NEWSPAPER

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