The prevalence of fake and substandard products in our society has become so rampant that it needs to be tackled head-on for the betterment of the country at large. The regulatory agencies, like the National Agency for Food and Drug Administration and Control (NAFDAC) and the Standard Organisation of Nigeria (SON), need to be more proactive and employ more intelligence in their operations.
In December 2023, the National Agency for Food and Drug Administration and Control (NAFDAC) raided the Eziukwu Market (Cemetery Market) in Aba, Abia State, where counterfeiters involved in the production of various beverages and consumables were arrested. After the operation, over 15,000 cartons of fake and substandard products were destroyed, while 300 cartons were evacuated to the NAFDAC warehouse. The street value of the confiscated and destroyed fake products was estimated at over 750,000,000. Ten people were arrested at the scene.
Various brands of beverages, including well-known brands, were among the products impounded by the authorities. There is also date revalidation for expired products like Peak Milk, Ketchup, Yoghurt, and Coca-Cola products, which are packaged and sold to unsuspecting members of the public for consumption.
According to NAFDAC, in another major operation, SON also destroyed some fake and substandard tyres, electrical cables and sub-standard lubricants worth billions of naira in Lagos in recent raids.
To say the least, the activities of these saboteurs and counterfeiters are inimical to the growth and well-being of the populace as they endanger the health and businesses of all and sundry.
To get to the root of this evil and to serve as a detriment to those involved, there is a need to take a look at some sections of the laws establishing these agencies, for instance, Section 36 of the Standard Organization Act prescribes a fine for offenders or importers of substandard products, but not a jail term, while Section 3 (1) (a) of the Counterfeiting and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act, 2004, states that “Any person who commits an offence under (a) Section 1 of this Act, is liable on conviction to a fine not exceeding N500,000 or imprisonment for a term of not less than five years or more than 15 years or to both such fine and imprisonment.”
Moreover, Section 3 (2) states: “Where an offence under Section 1 or 2 of this Act has been committed by a body corporate, every person who at the time of the commission of the offence was a proprietor, director, general manager, secretary or other similar officer, servant or agent of the body corporate (or a person purporting to act in any such capacity), he, as well as the body corporate, shall be deemed to be guilty of the offence and may be proceeded against and punished accordingly.”
In our view, the law is too lenient for such an offence. We support the call by both NAFDAC and SON for the total review of the laws establishing the two agencies. We also urge President Bola Ahmed Tinubu to sign the amendment carried out by the National Assembly on some of these laws so that economic saboteurs who endanger the health of millions will know that the law is onto them and their nefarious activities. Their prosecution should be swift, not take months and years, as is currently the case.
Furthermore, we strongly call on Nigerians to be patriotic and stop the importation or adulteration of fake and substandard products because apart from sabotaging the economy, lives are lost through these acts. The government should also devise a means of encouraging citizens to report anyone or organisation importing or adulterating a product with incentives so that the fight will be fought together.
Some diseases develop resistant mechanisms due to the prevalence of fake or low-quality drugs. For example, some fake antibiotic drugs on the counterfeit market often contain the wrong antibiotic or low doses of the right one. This won’t cure an infection but contributes to antibiotic resistance. Also, some products that lack critical quality parameters can endanger the lives of individuals in our society.
We are also calling on the relevant agencies such as the customs service to emphasise quality and safety in the products they allow into the country, without prejudice to their revenue generation targets. Let’s rid Nigeria of fake and substandard products.
