Pharmacists Accuse Government Officials of Facilitating Abuse of Drug Regulation Laws

The Pharmaceutical Society of Nigeria (PSN) has warned that drug regulatory laws are being abused in the country, alleging that some government officials tacitly support the practice.

PSN President, Pharm. Ayuba Ibrahim Tanko, condemned the unlawful registration of pharmacy facilities as “Pharmaceutical Chemists” by government officials, calling it an “obvious violation of the PCN Act 2022 as amended and the Fake Drug Act.”

“Section 2.2 of the Fake Drug Act is very unambiguous that the appropriate licensing authority is the Pharmacy Council of Nigeria,” he said.

He cited Cross River and Akwa Ibom as states with a high record of abuse of drug regulatory laws, where “miscreants have assumed regulatory powers with tacit endorsement of some state government officials to register pharmacy facilities as Pharmaceutical Chemists,” violating the PCN Act 2022 as amended and the Fake Drug Act.

“The situation in Cross River and Akwa Ibom states stinks to the high heavens because in recent years an obsessed group of miscreants have assumed regulatory powers with tacit endorsement of some State Government officials in both states to register pharmacy facilities,” he alleged.

Tanko praised recent court rulings against illegal operators of pharmaceutical facilities, describing the judgments as historic in the fight against fake drugs and quackery in Nigeria’s healthcare system.

The judgments delivered by the Federal High Courts in Ibadan and Calabar, he said, have strengthened pharmacy jurisprudence and sent a strong warning to operators of unlicensed pharmaceutical premises across the country.

The PSN expressed deep concern over unregulated training and illegal practice within the healthcare space, where individuals claim professional competence acquired through unlawful or informal means.

“Our clime is one where several operators claim they have studied any of the healthcare professions under unlawful circumstances including training in private hospitals, pharmacies and indeed other healthcare facilities under unscrupulous as well as unethical healthcare professionals or other quacks,” he said.

“This practice outrightly violates a plethora of pharmacy and drug laws in Nigeria with attendant consequences because of prescribed and existing prohibition clauses.”

Such practices, he said, constitute a direct breach of established legal frameworks governing pharmaceutical practice in Nigeria.

He warned that these actions undermine public safety and violate multiple statutory provisions governing drug distribution and pharmaceutical regulation.

In a document signed by Tanko, the PSN insisted that Nigeria’s drug laws, particularly the Fake Drug Act, clearly prohibit possession and distribution of counterfeit medicines, with Section 1 prescribing severe penalties, including imprisonment.

It cited Sections 2.1 and 2.2 of the Act, which prohibit the sale of drugs in unauthorised locations, including markets, kiosks, motor parks, vehicles and other non‑approved premises, adding that Section 2.2 of the Act clearly designates the Pharmacy Council of Nigeria (PCN) as the statutory licensing authority responsible for pharmaceutical regulation.

PSN further noted that pharmaceutical practice is listed under item 21 of Part I of the Second Schedule of the 1999 Constitution, placing drug matters within the Exclusive Legislative list.

It explained that the classification reflects the sensitive nature of drug administration and the need for centralised regulatory oversight in line with global best practices.

According to Tanko, “most responsible governments worldwide maintain strict control over drug regulation due to its direct impact on public health.”

PSN referenced historical developments in Nigeria’s pharmaceutical regulatory structure, particularly the delegation of licensing authority to local governments during earlier reforms in the health sector, noting that “this decentralised system contributed to regulatory fragmentation and the proliferation of unregistered pharmaceutical premises across the country.”

“It estimated that Nigeria currently has over three million pharmaceutical outlets, with fewer than 50,000 formally registered across manufacturing, importation, distribution and retail operations, describing the imbalance as a major regulatory challenge requiring urgent attention.”

The society reiterated that every pharmaceutical premise, including hospital pharmacies, must be directly supervised by a superintendent pharmacist in line with provisions of the PCN Act 2022.

According to the PSN, superintendent pharmacists play critical roles in ensuring regulatory compliance, safe drug sourcing, patient counselling, staff supervision, inventory management and quality assurance. It warned public and private health institutions against allowing non‑pharmacy departments to stock and dispense drugs unlawfully.

The PSN also called on the National Assembly to urgently amend the Fake Drug Act to impose stricter penalties on offenders.

“Those who pervert the PCN Act 2022 and Section 2 of the Fake Drug Act in private and public facilities must be made to face justice,” Tanko said.

The professional body of pharmacists in the country insisted that stronger regulation and stricter enforcement were essential to tackling fake drugs, protecting patients and restoring sanity in Nigeria’s pharmaceutical sector.

It advised all facilities involved in the storage and dispensing of medicines must operate strictly within approved regulatory frameworks.