Strengthening legislation to deter production and sale of counterfeit goods

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.