The National Agency for Food and Drug Administration and Control NAFDAC , is raising an alarm over a proposal and recommendation by the reform panel of the ruling party led by Governor Nasir El-Rufai to  move drug matters which are presently on the Exclusive List (item 21 of part I of the second schedule of the 1999 constitution) to the concurrent list.

Drawn to this issue in a publication by the Pharmaceutical Society of Nigeria (PSN) in the Daily Trust Newspaper of 17th February 2018 , NAFDAC warned that such portends great danger for the nation and would lead to multiplicity of drug legislations with dire consequences .

Sounding this alarm in a press release , NAFDAC explained the dire consequences of removing drugs and poisons from the exclusive legislative list to include :
1.      Lack of uniformity of standards of drug products across the country
2.      Chaotic drug legislation that will discourage foreign investment and disruption of existing collaboration with international support partners and donor agencies.
3.      Defeat of the purpose of the Federal Government’s drive on ease of doing business in the country as different jurisdictions will have different requirements.
4.      Proliferation of organized crime and money laundering offences.
5.      Loss of recognition of the country as a preferred destination for clinical research due to haphazard legislative requirements.
6.      Lowered product quality standards will further worsen Nigeria’s health indices
7.      Aggravation of the current menace of misuse and abuse of controlled drugs
8.      Infringement on patent and intellectual property rights which will have untoward consequences on the nation being a signatory to the Trade-Related aspects of Intellectual Property Rights (TRIPS) agreement.
9.      Proliferation of Counterfeiting, falsification of medicines, spuriously labeled pharmaceuticals and allied products, pronounced adverse drug reactions, entropic Pharmacovigilance reporting system, unwholesome and sharp practices to mention a few.

NAFDAC also pointed out that Issues ranging from poorly packaged medicines, expansion of open drug markets, sharp practices centered on pecuniary interest, compromise in the drug registration process and unprofessional licensing procedures would be the outcome of movement of drugs and poisons from the exclusive to the concurrent legislative list.

Therefore , the agency sought that  the various drug regulatory agencies and bodies should be strengthened and given more support through the federal might.

” NAFDAC for instance has over the years been at the forefront of seeking more punitive measures for drug offenders and counterfeiters through the legislative arm of government but this bill is yet to see the light of day. Governmental support to stimulate more collaboration with international agencies to fight the civic threat called fake drugs can only make meaning where drug and pharmacy related issues are retained on the exclusive list.”

However , on the reasons for placing drugs and poisons on the exclusive legislative list , the agency said that it ensures:

Firm control on drugs and drug-related matters by the federal government.

Prescription and enforcement of grades and minimum standards of quality for drugs and drug products.

Prevention of drug misuse and abuse by central regulatory control on substances of abuse.

Protection of patent rights for innovators of medicines to prevent infringement and promote data exclusivity.

Entrenchment of a rational and properly structured drug distribution system

Enhancement of compliance with Trade-Related aspects of Intellectual Property Rights (TRIPS) agreement

Strengthening of regulatory mechanisms in line with globalization and medicines regulatory harmonization.