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Strengthening legislation to deter production and sale of counterfeit goods

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The scourge of counterfeit and substandard products has reached alarming levels in our society, posing a significant threat to the health and economic stability of our nation. It is imperative that we confront this issue with the utmost urgency and determination.

Regulatory bodies such as the National Agency for Food and Drug Administration and Control (NAFDAC) and the Standard Organisation of Nigeria (SON) must intensify their efforts and adopt more sophisticated methods to combat this menace. In a commendable crackdown in December 2023, NAFDAC conducted a raid on the Eziukwu Market in Aba, Abia State, leading to the apprehension of individuals engaged in the production of counterfeit consumables.

The operation resulted in the destruction of over 15,000 cartons of fake products and the seizure of an additional 300 cartons, which were taken to NAFDAC’s warehouse. The street value of these illicit goods was estimated to be in excess of 750 million naira.

The swift action of the agency led to the arrest of ten suspects at the site.The confiscated items included a variety of beverages from reputable brands, as well as products such as Peak Milk, Ketchup, Yoghurt, and Coca-Cola that had undergone illegal date revalidation. These tampered products were then sold to an unsuspecting public, posing severe health risks.

In a parallel operation, SON also made significant strides by destroying counterfeit and substandard tyres, electrical cables, and lubricants, collectively worth billions of naira, in Lagos. These raids underscore the critical need for ongoing vigilance and enforcement.

The detrimental impact of counterfeiters and saboteurs extends beyond economic damage; they jeopardise the health and livelihoods of citizens. The actions of these criminals are antithetical to the progress and welfare of society.

It is clear that the battle against counterfeit and substandard products requires relentless pursuit and the deployment of all available resources. The health and safety of the populace, as well as the integrity of our markets, depend on the effectiveness of these regulatory agencies. We must support and empower them.

In order to combat the wickedness that lies at the heart of this issue and to act as a deterrent to those involved, it is imperative that we delve into the depths of the laws that establish these agencies. Let us focus our attention on Section 36 of the Standard Organization Act, which merely imposes a fine on offenders or importers of substandard products, without the inclusion of a prison sentence.

Conversely, Section 3 (1) (a) of the Counterfeiting and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act, 2004, explicitly states that “Any person who commits an offense 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.”

Furthermore, Section 3 (2) declared, “Where an offense 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 offense 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 offense and may be proceeded against and punished accordingly.”

In our perspective, the existing law is far too lenient for such a heinous offense. We wholeheartedly support the plea made by both NAFDAC and SON for a comprehensive review of the laws that establish these two agencies.

Additionally, we implore President Bola Ahmed Tinubu to sign the amendments made by the National Assembly to these laws, so that those who engage in economic sabotage and jeopardize the health of millions will realize that the law is closing in on them and their nefarious activities.

Their prosecution should be swift, not drawn out over months and years, as is currently the case.Moreover, we fervently call upon Nigerians to exhibit patriotism and refrain from importing or adulterating fake and substandard products.

Not only do these actions undermine the economy, but they also result in the loss of precious lives. Let us unite in our resolve to combat this menace and protect the well-being of our nation. 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 urging the Customs service and other relevant agencies to prioritise quality and safety when permitting products to enter the country. This should not hinder their revenue generation goals. Our aim is to eliminate counterfeit and low-quality goods from Nigeria.

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Editorial

Nigerians groan under high cost of living 

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Barely fourteen days to the first year anniversary of this federal government, Nigerians have continued to groan under high cost of living, amidst a catalogue of failed promises. Despite its chants of ‘Renewed Hope Agenda,’ a cup of garri/rice has since gone out of the reach of an average Nigerian. There is a continuous hike in fuel and other petroleum products. Transportation fares, local, inter-state or international are a no-go area. Nigerians have lost count of pledged dates for the commencement of operations or production of our refineries, especially Port Harcourt Refinery.

Most citizens have lost hope in the current political leadership in the country. Fuel today is being sold at between N800 to N950 per litre and still counting. A bottle of kerosene is about N2,000 and this an essential product being used by almost 90 percent of the population, especially the lower cadre. In the past, the colour of kerosene used to be like spring water from a rock, but today the product is sullied with impurities, its colour of kerosene almost like that of groundnut oil. Yet, it remains scarce and costly. What a country.

Nigeria is possibly the only country with abundant crude oil deposits that prefers to throw away the crude at giveaway price to other countries in the name of exportation, only to  buy the refined products from the crude at exorbitant prices, in the name of importation.  The first refinery in Port Harcourt was built about nine years after oil was discovered in commercial quantity in Oloibiri in 1956 in the present day Bayelsa State. And up till today there is no intentional attempt to rebuild it, or be religious in maintaining it.

The Naira debuted as the national currency of Nigeria, at 75K to $1, but today N1,500 is exchanging $1. Yet, we are ranked among the highest producers of oil and gas in the comity of nations. The unadulterated truth is this: Nigerians are suffering in the midst of plenty which should not be the case.

The poor leadership of the old brigade, who have held sway since independence, should leave the stage for younger generation. The current President of France, Emmanuel Macro is below forty years. The recent election in Senegal produced a 44-year-old man as president. Whether we like it or not, once a person passes retirement age of 60, his mental faculty starts dropping.

Inflation rate is now 33-35% in the country. Unemployment rate is soaring and the Federal Government had the gut to propose N48,000 as minimum wage for Nigerian workers, possibly as part of the ‘renewed hope agenda.’ This is as against N860,000 being proposed by the organised labour, comprising the Nigeria Labour Congress (NLC) and Trade Union Congress(TUC).

We are not surprised therefore when the organised labour walked out of the negotiation table and handed down a 14-day ultimatum to the Federal Government to think right.

We hope the federal government will really do all it needs to do to avoid another showdown with Nigerian workers who are like wounded lions and have been patient enough with the economic torture currently being experienced by workers in the country. We hope and pray that the tail of a sleeping tiger, will not be unnecessarily pulled. It could amount to unpleasant consequences. The government should fulfil its campaign promises and ensure peace and tranquility throughout the nation.

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Editorial

Minimum wage Saga: FG, let the people go…

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For years, the narrative has been the same — the economy withers and the common man cries out for reprieve, only to be met with an endless array of impediments. When it is time to intercede for the poor, Nigerians are met with pointless bureaucracy and palliatives. Foreign aid is rendered ineffectual thanks to the gauze-hand of leaders, through which it all slips through into an oblivion of their own invention.

In April 2024, the headline inflation rate rose to 33.69 percent, up from 33.20 percent in March 2024, marking an increase of 0.49 percent points according to the Nigeria Bureau of Statistics (NBS). Yet, to raise the minimum wage to a level that will help beat back hunger in the poorest families has become a problem for the government.

Per the International Monetary Fund, IMF, a determined and well-sequenced implementation of government’s policy intentions would pave the way for faster, more inclusive, resilient growth in Nigeria. Without reforms — such as raising the minimum wage — to enhance the business environment, improve security, implement key governance measures, develop human capital, boost agricultural productivity, Nigeria’s growth potential will never leave the realm of imagination.

“These reforms are crucial to boost investor confidence, unlock Nigeria’s growth potential and diversify the economy, and address food insecurity, and underpin sustainable job creation,” IMF noted in its recent report, adding that over the last decade, limited reforms, security challenges, weak growth and now high inflation had worsened poverty and food insecurity in Nigeria.

“While Nigeria swiftly exited the COVID-19 recession, per-capita income has stagnated. Real Gross Domestic Product (GDP) growth slowed to 2.9 percent in 2023, with weak agriculture and trade, and in spite of the improvement in oil production and financial services.

“Growth is projected at 3.3 per cent for 2024 as both oil and agriculture outputs are expected to improve with better security. The financial sector has remained stable, in spite of heightened risks. Food insecurity could worsen with further adverse shocks to agriculture or global food prices. Adverse shocks to oil production or prices would hit growth, the fiscal and external position, and exacerbate inflationary and exchange rate pressures,” the IMF said.

Yet, on Wednesday the pattern continued. Negotiations reached a deadlock due to the government’s perceived unwillingness to engage in fair discussions with Nigerian workers. The NLC National President, Joe Ajaero, in a sense is right to say that the government’s proposal of N48,000 as the new minimum wage is an insult to Nigerian workers.

It is no surprise that the labour unions are demanding a higher minimum wage to reflect the current economic realities and alleviate the suffering of Nigerian workers. The stalemate in negotiations may lead to industrial action, which could have far-reaching consequences for the economy.

Many labour in vain for decades for peanuts, only to be denied their pensions in old age. Of course, the Nigerian worker will down his tools in the face of great poverty, and seeming apathy from the government. The relationship between wage rate and employment is well established. Most revolutions throughout the world are dependent on the satiation of the labour force. The Federal Government should maintain an atmosphere of charity and responsibility. Like the Israelite Moses said millennial ago, let our people go.

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Editorial

Inflation as major threat to life security

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Millions of Nigerians are groaning because of the devastating inflationary pressure that is making it impossible for many to consume the minimum calories required for a healthy living.

It is known that Nigeria’s macroeconomic environment has become very harsh in its diminutive impact on the purchasing power at the disposal of the citizenry.

Many cannot also conveniently afford to transport themselves to their workplace or move around for routine activities.

Meanwhile, the price of other payment obligations for services such as house rents, school fees, utilities (including cable television), health and recreation services are rising on a daily basis.

This shows that the quality of life enjoyed by Nigerians is deteriorating as poverty becomes more pervasive and endemic.

According to official statistics, the November inflation rate was 14.89 percent and it is fast heading towards the 15 percent mark.

Meanwhile, the Rural inflationary pressure is also climbing as the rate climbed to 12.28 percent in July even when the price of Premium Motor Spirit and electricity tariff had not been hiked. Prices are just rising freely.

This applies to production inputs (except labour), consumer durable, agricultural products as well as services.

This unfortunately is the case irrespective of the basket of goods one uses as a measure outside the standard yardstick.

A close look at the policy framework of the government shows that the recent surge in general price level is not unconnected with structural bottlenecks, fiscal and monetary policies, deregulation, and trade policies as well as inefficiency on the part of regulatory agencies.

The government has for too long paid lip service towards unbundling of the shackles of growth and development such as poor budgetary implementation on capital projects, outdated laws and a toxic business environment that constrain the economy.

This has indeed, slowed down economic growth and resulted in shortage of goods and services and their attendant impact on inflation.

The government seems to be heating up the system by keeping its spending open-ended even as it cries of inadequacy of revenue to finance its expenditure obligations.

The disconnect between recurrent account, capital account and public debt operations is certainly having a destabilising effect on public finance operations of the country.

This has given rise to fiscal domination that describes the aggregative impact of the uncoordinated expenditure activities of all the governments in our strange three-tier federal arrangement.

It also appears that the Central Bank is losing sight of its inflation-targeting monetary policy which has been on its front burner for more than two decades now.

This is certainly not what the nation needs now when virtually all the macroeconomic variables are in disarray.

Here, attention of CBN must be called to its Naira management policy especially as it affects the regimented devaluation and depreciation which impact heavily on the domestic and external value of the currency.

The external value requires attention considering that the Nigerian economy carries a monolithic production base and import orientation.

The gross loss in the value of Naira is having a horrible impact on the life of Nigerians as misery and hopelessness characterise the daily songs of the lower income strata and whatever is left of the middle class.

It must be pointed out also that the government policy on agriculture in general and rice production appears to suffer a backlash.

Whereas local production has increased appreciably the farmers and agricultural marketers are engaging in exploitative pricing practice.

They simply jack up their prices arbitrarily. This is particularly the case with respect to rice where the price of the local varieties is at par with the foreign brands.

The recent increase in the price of premium motor spirit and electricity tariff have surely added more salt to the injury.

These two products are directly tied to production and distribution of goods and services and as such raising their individual prices simply translates to increasing the price of everything that is bought and sold in the open and underground economies.

Unfortunately, all these are happening when the nominal income of the average citizen has either stagnated or declined as the minimum wage has not been paid by many states of the federation.

The same is characterised by controversy in those states and some federal agencies that have implemented the new salary regime.

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