Legislative Interventions to Strengthen Public Health and Bolster NAFDAC`S War against Counterfeit Drugs and Contaminated Food in Nigeria

Abstract

Proliferation of adulterated food and counterfeit drugs has become a menace in Nigeria, with attendant health and economic costs. The National Agency for Food and Drug Administration and Control (NAFDAC) and the Standards Organisation of Nigeria (SON) play a critical role in ensuring the safety, efficacy, and quality of food and drug products in Nigeria. The Food and Drugs Act 2004 was enacted to make provisions for the regulation of the manufacture, sale, and advertisement of food, drugs, cosmetics, and devices in Nigeria. However, despite the measures put in place and the efforts of the relevant agencies, the menace remain unabated. As reported by NAFDAC, fake drugs and foods worth N1 trillion were destroyed in Anambra State from February to March 2025. This is partly due to the outdated and weak legal framework governing the regulation of foods and drugs in Nigeria. Specifically, the provisions for penalties for contraventions in the NAFDAC Act and the Food and Drug Act are weak and unable to ensure compliance. The provisions of penalties of N50, 000, N100, 000, and N100, 000 in the Food and Drug Act, SON and in the NAFDAC Act respectively is too low to enforce compliance in a business worth billions of Naira. This brief argues that while the causes of proliferation of adulterated foods and drugs are copious, the weak regulatory and legal frameworks, in terms of penalties for contravention, may have contributed to the menace. To address the problem, it is recommended that the National Assembly through the Senate and House Committees on Health (Secondary and Tertiary) and the House Committee on Food, Drugs Administration and Control, may wish to amend the relevant laws to impose harsher penalties on the offence of adulterated food and counterfeit drugs. Specifically, Section 17(1) of the Food and Drugs Act 2004 may be amended to increase the words “fifty thousand naira” to N1, 000,000. Also, Section 25 of the NAFDAC Act may be amended to increase the penalty from N100, 000 to N1, 000,000