Edo pharmacists, consumer committee clash over drug inspections

By Ozioruva Aliu BENIN CITY – The Edo State chapter of the Pharmaceutical Society of Nigeria (PSN) has disagreed with the state Consumer Protection Committee (CPC) over the legality of the committee’s alleged entry into pharmaceutical premises to inspect and confiscate suspected expired, adulterated and counterfeit drugs. The pharmacists accused the committee of exceeding its statutory powers by conducting inspections, seizing pharmaceutical products and imposing fines on operators, insisting that the regulation of pharmacy practice is governed by federal laws.

Addressing journalists in Benin City on Thursday on behalf of the Association of Community Pharmacists of Nigeria (ACPN), an arm of the PSN, the state president, Pharm. Chris Oisakede, said pharmacists had established procedures for handling expired drugs in collaboration with the Ministry of Health and the National Agency for Food and Drug Administration and Control (NAFDAC).

Oisakede explained that expired medicines were not supposed to be discarded indiscriminately because of the dangers they posed to public health. “An expired drug is dangerous and poisonous, so they are usually gathered and handed over to NAFDAC, which has the protocols for destroying them,” he said. Flanked by other ACPN executives, Oisakede maintained that the CPC lacked the statutory authority to inspect, supervise or regulate pharmacy practice in the country.

“For the avoidance of doubt, the Edo State CPC has no jurisdiction or authority, whether directly or indirectly, to enter, inspect, supervise or regulate the practice of pharmacy in Nigeria in any manner whatsoever. “Pharmacy practice in Nigeria, in all its aspects and ramifications, is governed by applicable federal legislation,” he said. He described community pharmacies as important healthcare facilities, noting that pharmacists counsel patients, promote the rational use of medicines, support treatment adherence, identify medicine-related problems and provide medicine safety information.

The PSN consequently called on the committee to stop what it described as unauthorised pharmaceutical inspections, raids, harassment, seizures and sealing of premises, as well as the imposition of penalties where it could not establish clear statutory authority. However, reacting to the allegations, the CPC chairman, Osaro Culture Iyamu, defended the committee’s enforcement activities, citing Section 8 of the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act as the legal basis for its operations.

Iyamu said the provision empowered him to enter premises where there were reasonable grounds to suspect violations of the law, inspect products and examine their packaging, as well as take samples for examination. He added that the law also authorised the seizure of counterfeit, adulterated, banned or fake drugs, confiscation of unwholesome processed food products and sealing of premises connected with suspected offences.