LEAKED: THE REASON WHY DELE ADESINA INSISTED ON BEING THE NEXT NBA PRESIDENT.

It is Egbe Amofin’s turn to produce the next NBA President. Prominent members of Egbe have indicated interest to run the association’s affairs. The candidates are Funke Adekoya (SAN), Dele Adesina (SAN), Chief Niyi Akintola (SAN), Augustin Alegeh (SAN) and the incumbent First Vice-President of the NBA, Osas J.  Erhabor.
In 2008, when it was the turn of Egbe to produce a president for the NBA, two aspirants Mr. Oluwarotimi Akeredolu (SAN) and Mr. Dele Adesina (SAN) showed interest. Three meetings were reportedly held at the instance of Chief Olanipekun at his office at No. 94 Norman Williams, South West Ikoyi, Lagos and both aspirants attended this meetings with delegates drawn from their supporters.
At each meeting, the house recognised that both Adesina and Akeredolu were eminently qualified to contest the office and that both of them could be Presidents of the NBA but at the same time rather  one after the other.

Consequently, pressure was mounted on Mr. Adesina to allow Mr. Akeredolu to run and Adesina would wait till this year. At a meeting held on April 19, 2008, and hosted by Chief Olanipekun (SAN) at his country home in Ikere Ekiti, Oba Abolade of Oke-Ila, a respected traditional ruler and a lawyer was in attendance at this meeting.
He appealed to Mr. Adesina to wait for the next time around, insisting that it is unreasonable and unnecessary for the Egbe to dissipate resources and energy when we can understandably agree that one person could go then and the other later.
Chief Bandele Aiku and Olanipekun co-presided over the meeting and at the end of the day, Mr. Adesina stepped down from the race in due deference to the request of the elders and the generality of the people at the meeting, although contrary to the wishes and desire of majority of his supporter, particularly those from outside the Southwest.

It is believed that Adesina was promised adoption in the current dispensation, but other contestants in the forthcoming election have made it clear that adoption or not, they were prepared to run the race to an end.

The Egbe Amofin is the Yoruba Lawyers Forum.

CYBERCRIME "YAHOO YAHOO" AND THE RATE OF UNEMPLOYMENT IN NIGERIA

The unemployment rate can be defined as the number of people actively looking for a job divided by the labour force. Changes in unemployment depend mostly on inflows made up of non-employed people starting to look for jobs, of employed people who lose their jobs and look for new ones and of people who stop looking for employment.

Unemployment Rate in Nigeria increased to 23.90 percent in 2011 from 21.10 percent in 2010. Unemployment Rate in Nigeria is reported by the National Bureau of Statistics. From 2006 until 2011, Nigeria Unemployment Rate averaged 14.6 Percent reaching an all time high of 23.9 Percent in December of 2011 and a record low of 5.3 Percent in December of 2006. In Nigeria, the unemployment rate measures the number of people actively looking for a job as a percentage of the labour force.

Unemployment in Nigeria is one of the most critical problems the country is facing. The years of corruption, civil war, military rule, and mismanagement have hindered economic growth of the country. Nigeria is endowed with diverse and infinite resources, both human and material. However, years of negligence and adverse policies have led to the under-utilization of these resources. These resources have not been effectively utilized in order to yield maximum economic benefits. This is one of the primary causes of unemployment and poverty in Nigeria.

As per the report of the World Bank, the GDP at purchasing power parity of Nigeria was $170.7 billion during 2005. Unemployment in Nigeria is a major problem both economically and socially. Unemployment in Nigeria has resulted in more and more people who do not have purchasing power. Less consumption has led to lower production and economic growth has been hampered. Unemployment also has social consequences as it increases the rate of crime.

For instance cybercrime A.K.A Yahoo Yahoo a redefined form of the popular Nigeria 419 scams, this is a form of fraud that appears to be a field in which Nigerian entrepreneurs were pioneers, and remain prominent. The scammers view themself as a sort of folk hero or Robin Hood, getting money out of gullible westerners in repayment for colonial mistreatment and are frequently viewed as folk heroes

They use the Internet services or software with Internet access to defraud victims or to otherwise take advantage of them, for example by stealing personal information, which can even lead to identity theft. A very common form of Internet fraud is the distribution of rogue security software. Internet services can be used to present fraudulent solicitations to prospective victims, to conduct fraudulent transactions, or to transmit the proceeds of fraud to financial institutions or to others connected with the scheme.

Other Internet scams  can include lotteries, on-line dating services, inheritance notices, work permits/job offers, bank overpayments, or even make it appear that you are helping a friend in trouble.

In many cases, "yahoo yahoo boys" troll the Internet for victims, and spend weeks or months building a relationship. Once they have gained their victim's trust, the scammers create a false situation and ask for money. Scammers can be very clever and deceptive, creating sad and believable stories that will make you want to send them money.

All of these scams have one thing in common - they contain requests for money. Sometimes you are asked to pay money to obtain something of value for yourself (e.g. a prize, a romantic relationship, more money); or you are asked to pay money to help a friend in trouble. In every case, however, the ultimate indicator of a scam is that you are always asked to give money.

Yahoo Yahoo boys can be very creative and very determined.

Therefore to curb the menace of Yahoo Yahoo in Nigeria, the government need to work on reducing the alarming rate of unemployment in the country, as the official statistics illustrate that previously unemployment did not always decline with the economic growth. Other solutions such as the provision of right skills to the people to help them tackle the problems and lead a more prosperous life should also be given importance.

Recently the experts have suggested some techniques, which can play important role in curbing Unemployment in Nigeria. These include –

Sports schools, evening clubs that teach kids to play football, swim etc

Computer training schools and clubs that specializes in teaching programming softwares such as Java, Oracle, ASP, Cold fusion, JSP, digital photography, and video editing, etc.

Language schools teaching foreign languages like French, Spanish, and Chinese.Setting up of provisional work agencies, which provides temporary staff to small companies etc.

LAWYER OF THE WEEK: OLARENWAJU ONADEKO

Olanrewaju Adesola Onadeko Esq., is the new Director General of the Nigerian Law School. He was the former Deputy Director General of Lagos campus and the former secretary to the council of Legal Education and Director of Administration of the Nigerian Law School. He is the author of the book ”The Nigerian Criminal Trial Procedure” and a number of articles in journals. He was also the first Chairman of the Editorial Board of the Nigerian Law and Practice Journal from 1997 to 2001. From 1988 to 1994 he served as the Director of Public Prosecutions of The Republic if Gambia.

ECOWAS Court summons Fed. Govt, NJC

The Federal Government and the National Judicial Council (NJC) have been summoned by the Community Court of Justice of the Economic Community of West African States (ECOWAS Court) over a suit initiated by a Nigerian, Jude Eluemuno Azekwoh, alleging, among others, unlawful denial of right to fair hearing.
The government and NJC are, by the summon, requested to enter appearance and respond to the suit initiated by Azekwoh who accused both defendants of unjustly denying him the opportunity of having his case property adjudicated upon by the Nigerian judicial system.

The plaintiff, who seeks among others, $10million compensation, argued that the their actions or inaction, the defendants violated his rights as guaranteed under sections 3, 7 and 13 of the African Charter on Human and People’s Rights (ACHPR).
Azekwoh had contested participated in the 2011 Delta North Senatorial election as a candidate of the Democratic People’s Party (DPP), in which Arthur Ifeanyi Okowa of the People’s Democratic Party ((PDP) was announced winner.
Dissatisfied with the election’s outcome, Azekwoh went before the Electoral Tribunal.The tribunal struck out his petition on the ground that application for the pre-trial session was not by way of motion. He proceeded to the Appeal Tribunal, Court of Appeal, Benin, Edo State where, he said, his appeal was unfairly dismissed.
He said his recourse to the ECOWAS Court was because of the alleged failure of the NJC, an agency of the Federal Government, with control over the nation’s judiciary, to act on the petitions written by his lawyer in the case, Dipo Okpeseyi (SAN) asking the NJC to look into the case.
Okpeseyi had, in one of the petitions, stated that Azekwoh’s “petition was sacrificed on the altar of technicalities” at both the tribunal and the appeal levels, thereby leaving unresolved, the questions he raised about the competence of the PDP candidate, who now occupies the disputed senatorial seat.
“The decision and approach of the panel of justices of the Court of Appeal, Benin in respect of this matter, violently violated our client’s right to fair hearing, compromised his appeal and has occasioned miscarriage of justice,” Okpeseyi said in one of the petitions, copies of which formed parts of the court documents.
Azekwoh argued that where his appeal against a decision of an electoral tribunal was “dismissed for no reason in law and in fact, without hearing,” his right to equality before the law, protection of the law, fair hearing and right to participate in government, guaranteed by the ACHPR, have been violated.
He is praying the court to declare:
•That his right to equality before the law and protection was violated was the Appeal Court in Benin allegedly refused to hear his appeal petition on no justifiable legal or factual ground.
•That the his rights, as a Nigerian and citizen of ECOWAS, to have his case heard at the appellate level of the country’s court and be accorded fair hearing were violated when the Court of Appeal, Benin refused to hear his appeal no: CA/B/EPT/230/2011.
•That the failure of the NJC to act of his petitions, has resulted in the continuing breach of his right to fair hearing and freedom to participate in the government contrary to Articles 7 and 13 of the ACHPR.

BOOK PRESENTATION FOR HON. JUSTICE RAHILA CUDJOE: THE FIRST FEMALE LAWYER FROM KADUNA STATE

The public presentation of a book, Reminiscences of A Lady Jurist: The Story of Hon. Justice Rahila Cudjoe OFR, will hold on Thursday Shehu Musa Yar’Adua Hall, Murtala Square, Kaduna at 11.00am.
The book is from the stable of Gems Communication Resources Limited.
The event, billed to attract dignitaries from all walks of life, would be chaired by the former President, Court of Appeal, Hon. Justice Umar Faruk Abdullahi, while Vice President Mohammed Namadi Sambo, will be the Special Guest of Honour.
A statement by Managing Director/Chief Executive Officer of Gem Communications Resources, Yemi Adebisi, said the Governor of Kaduna State, Alhaji Mukhtar Ramalan Yero, will be the Chief Host, Emir of Zazzau, Shehu Idris will be the Royal father of the Day, Alhaji Bashir Dalhatu (Walin Dutse) is Chief Presenter while Prof. Yemi Akinseye-George (SAN) is the reviewer.
The book written in honour of Hon. Justice Cudjoe, the Chief Judge of Kaduna State, chronicles her family background, her eventful career path, which started on a record-breaking note from when she was called to the Bar in 1973 as the first female lawyer from Kaduna State, to her 17 years as the Chief Judge of State.
It also captures some of her landmark judgments, spanning 30 years, from 1983 to this year, as well as chapters highlighting her views on certain issues and comments from about 90 eminent Nigerians and foreign personalities.

LAW AND ECONOMICS ARE INTERTWINED * *

There is a visceral and natural link between law and economics. We need law to make business; we need law to drive economics; we need economic methods to measure law. But the Law and Economics School had little success within Africa academia in the last century.

We were too busy saying that the Law must be obeyed because it is the Law. Students forgot to ask why the Law was the way it was. What were its objectives? Did it manage to attain them? What were its effects? We forgot to ask the reason behind the laws until the reason vanished. The law became a moral/political opinion, something which, like opinions, is neither right nor wrong, but nonetheless must be obeyed.

**We need to be as precise as possible when it comes to Law. **

But Law is not opinion. If Law and Economics can teach us anything, it is that the law is – to a certain extent – measurable, and its impacts are quantifiable. We can do math with law. We can answer questions like: _ What will be the impact of this statute? Did it achieve the effect we wanted it to have? What do we need to enact to have effect X on the economy? What are the best provisions to boost economic life? How are judges going to settle that matter? _

We, the Africans and Nigerians alike, don't know how to answer these questions. We, the lawyers, have too often applied the non scientific - humanist approach to the legal field. After all, we have chosen to go to Law School also because we loathed math.

Now We Have the Future is taking Law & Economics to Europe. They are giving it back to the people, and they are making it simple, practical, and usable. The question is when will Law & Economics start in our indigenous Universities in Nigeria.

Prof Oba Nsugbe: How to achieve judicial excellence

Why does judicial excellence matter, and what are the key areas in which changes may be made to maintain progressive improvements?
There were some of the questions a Senior Advocate of Nigeria (SAN) and Queen’s Counsel (QC) Prof Oba Nsugbe sought to answer at the Sixth Annual Business Luncheon of a law firm, SPA Ajibade & Co, where he delivered a lecture on the topic: The future of legal practice in Nigeria – achieving judicial excellence.

Judges, he said, played unique roles in the society: they are the “litmus test” by which social conscience can be judged; are the guardians of hard won freedoms; are the last defence for the oppressed and are ambassadors in and outside the court.
Even though they are also faced with challenges of chronic transportation problems, poor infrastructure, chronic power outages, difficult working conditions, corruption, among others, judicial officers must continue to represent “the public face of justice,” Nsugbe said.
Despite efforts at achieving judicial excellence, the professor said a high number of cases remain bogged down by bureaucracy, inefficiency and needless technicalities; cases are adjourned at last minute without any proper justification; judges do not sit when they should, while some give “unusual” and “unexpected” judgments that fly in the face of facts.
To achieve excellence, therefore, there must be changes, beginning from the way judges are appointed. Only the best candidates should apply, and the system must be robust enough to select them, he said.
“Nigeria’s system of judicial selection and appointment is in drastic need of an overhaul,” he said, adding that it is time to revisit the base qualifications and criteria for appointments.
Nsugbe recommended the devising of more robust systems for testing the required competencies of applicants.
“In my view, there is an over reliance on a rather opaque system of nomination and references. Theses processes of selection are notoriously unreliable as they tend to rely upon a high degree of subjectivity,” he said.
Other ways of achieving excellence, he said, was to make the job of judge even more attractive to an aspirant practitioner. “For example, how often do we see the top SANs applying for judicial appointments in Nigeria?”
He also called for the introduction of a system of “trainee judges” or recorders, such as is done in the United Kingdom where leading practitioners act as part-time judges in the Crown or County Court, which affords them an opportunity to test their aptitude and ability to become full times judges.
In addition, Nsugbe said there was need for better quality assurance by developing a culture of review and constant improvement; training and provision of other support resources for the judiciary.
The bar also has a role to play, as it represents the principal source of future appointments to the bench and bears a solemn duty of care to the court and to judges, Nsugbe said.
He urged legal practitioners to be more concerned about the way the judiciary is perceived, adding: “Let us re-examine the way we practice and give decisions.”
Akaahs said judicial appointments should go beyond politics. Only people who are knowledgeable, hard working and honest should be appointed through a more transparent process.
A judge of the Lagos State High Court, Justice Lateefa Okunnu, said to persuade a judge, lawyers should have excellent communication skills.
She said it was important that judges s attend trainings and refresher courses aimed to achieve judicial excellence.
Justice Mohammed Idris of the Federal High Court, Lagos, said particular attention must be paid to undergraduates. “The future of the legal profession can be protected from the foundation,” he said.
He called for innovative in creating judicial excellence by teaching junior members of the bar how to practice law. According to him, ethics is downplayed, while social values are undermined.
Chief SPA Ajibade founded the firm in 1967 in Ibadan, Oyo State. Its Principal Partner, Dr Babatunde Ajibade (SAN), said the luncheon is the firm’s contribution to national building.
“This is our contribution to the development of Nigerian judiciary and part of our corporate social responsibility for the development of the legal profession,” he said.

NIALS CONFERRED FELLOWSHIP ON OLANIPEKUN, DAUDA OTHERS

The Nigerian Institute of Advanced Legal Studies (NIALS) has conferred its fellowship on two former presidents of Nigerian Bar Association (NBA) Chief Wole Olanipekun (SAN) and Joseph Daudu (SAN).
Others are Prof. Awa Kalu (SAN), Damian Dodo (SAN), pioneer chairman of the NBA Section on Business Law (SBL) Mr. George Etomi, and Justices Tanko Muhammed and Mary Odili of the Supreme Court.

NIALS Director-General, Prof. Epiphany Azinge (SAN), said the institute’s fellowship is only conferred on lawyers who have made meaningful contributions to law and have assisted it in fulfilling the dreams of its founding fathers.
“As a Fellow of the institute, one is automatically part of the faculty of the Institute. In this regard, a Fellow is expected to participate in the scholarly programmes and activities of the institute and of the institute and advise management on the best ways to achieve international standards.
“Fellows are also entitled to oversight activities of the institute and act as Ambassadors of the institute have been engaged in independent scholarly conversation on some burning issues of national importance.
“Just recently at the Festival of Legal Scholarship organised by the institute in October 2013, Fellows of the institute participated actively in the conversation on standard of legal education in Nigeria and the views canvassed and arguments preferred undoubtedly enriched the whole proceedings.”
The conferment/Lecture is coming on the heels of two important activities of the institute. On December 4, President Museveni of Uganda delivered the Convocation Lecture.
Azinge said: “For us, it was as epochal as it was historic because for the first time in the 34 years’ history of the institute, a sitting President of a sister African country delivered the Convocation Lecture of the institute.
“Also, on December 7, 2013, history was made when the institute produced its first set of PhD graduates with the conferment of Doctor of Philosophy in legislative drafting on two well-deserving candidates.
“This conferment presents a platform for us to chronicle some achievements of the institute in the year under review. Our socio-legal research has proved highly successful, particularly our Restatement of Customary Law. “
He continued: “The Centenary Law Summit has been internationally applauded as the best scholarly engagement by any tertiary institution this year. So, also is the Festival of Legal Scholarship adjudged locally and internationally as the most innovative and brilliantly conceived programme globally this year. “
He also said the institute publishes 20 peer reviewed journals of international standard and this were miles ahead of any institution. He added that the public lectures, roundtables, books had contributed to raising the status of the institute to an enviable position.
He added: “The institute is proud to confer its highly coveted fellowship on jurists, legal scholars and luminaries who have contributed immeasurably to shifting the frontiers of law in this country.
“These illustrious sons and daughters of Nigeria in many ways than one have over the years identified with the activities of the institute either by delivering public lectures or by helping out as resource persons in our annual capacity building programmes.
“The institute is immensely proud of their contributions and believes that by acknowledging their efforts through conferment of fellowship, it will ginger them to continue to participate and identify with activities and programmes of the institute.

Legal restrictions to sale, advert of drugs

Preserving the health of the nation requires the need for a strict control of the manufacture, sale and advertisement of drugs.

This is because drugs are special commodities which could save or endanger the life of the consumer depending on how they are used.

In realisation of this, government all over the world usually put in place some degree of control over dealings in drugs.

The objectives of pharmaceutical legislation can be summarised as follows:

•To provide rules and regulations which will ensure that only people with the necessary training, qualifications and experience handle various operations associated with pharmaceuticals.

•To ensure that possession of any given pharmaceutical license is in accordance with laid down rules and regulations.

•To protect the ordinary citizen against the dangers of drug abuse, drug resistance, substandard drugs and drug adulteration.

There are various legislations regulating and controlling drugs in Nigeria and these includes:

The food and Drug Act cap 150 LFN 1990; the National Agency for food and Drug Administration and control (NAFDAC) Act No 15, 1993 the counterfeit and fake Drugs (Miscellaneous provisions) Act Cap 73 LFN 1990; The National Drug formulator and Essential Drug list Act, Caps 257 LFN 1990; THE Drug and related products (Registration etc) Act No19, 1993, the pharmacists council of Nigeria Law No 91, 1992; the dangerous Drug Act Cap 91 LFN 1990, THE National Drug Law enforcement Agency Act Cap) 253 LFN 1990; And Pharmacy Law of various states particularly, Lagos State.

Definition of drugs

Section 20 of the food and drug Act Cap 150 LFN 1990 defines drug to include any substance or mixture of substance manufactured, sold or advertised for use in:-

•The diagnosis, treatment, mitigation or prevention of any disease, disorder abnormal physical state or the symptoms thereof in man or in animal.

•Restoring, correcting or modifying organic functions in man or animal.

•Disinfections, or the control of vermin, insects or pets or contraception

It has to be noted here that section 30 of NAFDAC Act also defines drug in similar terms.

Possible offences

•Sale of drugs in prohibited places:

Section 2 (1) of the counterfeit and fake drugs (miscellaneous provisions Act Caps 73 LFN 1990 makes it an offence to hawk, sell or display for the purposes of sale, any drugs or poison whatsoever in any market, kiosk, motor park, roadside stall, bus, ferry or any other means of transportation or other place not duly licensed or registered for the purpose of sale and distribution of drugs or poison.

It has to be noted that an offence under this section does not depend on the nature or quality of the drug in question but on the place of sale.

•Manufacture and sale of fake adulterated and substandard drugs:

Section 1 (2) of the food and drug Act makes it an offence to sell any drug which is adulterated.

However, the counterfeit and fake drugs (Miscellaneous provisions) Act is more general in contest.

It prohibits the manufacture importation, sale, distribution, display for the purpose of sale any counterfeit, adulterated, banned, fake substandard or expired drugs. Infact, merely being in possession of the prohibited drugs is also an offence.

•Offences relating to advertisements:

It has to be noted that the food and Drugs Act and the Drugs and related products (Registration) Act prohibits certain advertisements.

Section I of the Drugs and related products Act provides that no drug or drug product shall be advised in Nigeria unless it has been registered in accordance with the provisions of the Act.

Section 2 of the Food and Drugs Act prohibits advertisements of drugs represented as treatment or prevention of the diseases specified in the first schedule to the Act. Altogether about sixty five diseases and disorders are listed which includes, Alcoholism, cancer, obesity, sleeping sickness and loss of youth. A possible reason advanced for the prohibition of advertisements in these is that since some of the diseases have no known cure, the advertisements are likely to be false.

The code of advertising practice issued by the Advertising Practitioners Council of Nigeria (APCON) created by Law No 55 of 1988 established by law No 55 strengthens the legal position.

The code re-affirms the provisions of the Food and Drugs Act and in addition prohibits the following:

•advertisements of on over the counter (OTC) drug unless it has been registered by the Federal Ministry of Health.

•offer to diagnose, advise, prescribe or treat by correspondence

•prevention of ageing

It also has to be noted here that by virtue of Section 2 of the Advertising practitioners (Registration Act) 1996 as amended, the power to vet advertisement of regulated products is vested on the minister of health.

•Sale by unauthorised persons:

By the provisions of the pharmacist council of Nigeria Law the following persons are authorised to sell things.

•A registered pharmacists

•A holder of patent and proprietary medicine vendors licence.

Patent and proprietary medicine

Patent and proprietary medicine is defined as any medicine held out by advertisement, label or otherwise in writing as efficacious for the prevention,cure or relief of any malady, ailment, infirmity or disorder affecting human beings and-

which is sold under a trade name or trade mark to the use of which any person has claims or purports to have any exclusive right; or of which any person has or claims or purports to have the exclusive right of manufacture or for the making of which nay person has or claims or purports to have any secret process or protection by letters patents.

No person shall sell or deliver any patent or proprietary medicine unless he is either-

.a selling dispenser or chemist; or a holder of a patent and proprietary medicines licence.

The law requires that patent and proprietary medicine shall be sold intact in the box, bottle, parcel or other container in which it was imported, packed or made ready for sale.

The container must bear the name or trade mark of the manufacturer. Also no person other than a selling dispenser or chemist shall import in bulk and subsequently repack any patent and proprietary medicine. The summary of the requirements is that a patent and proprietary medicine must reach the consumer in the condition in which it left the manufacturer.

Penalties for drug offences

Each of the existing laws stipulates penalties for offences created therein.

By Section 17(1) of the Food and Drugs Act, any person who contravenes any provisions of the Act or the regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand naira or to imprisonment for a term not exceeding two years or to both.

It is a defence that the Accused,

•Sold the article in the same package and in the same condition as it was when he bought it; and

Could not with reasonable diligence have ascertained that the sale of the article would be in contravention of the Act or regulation.

The National Agency for Food and Drugs Administration and Control Decree only imposes penalty for obstruction of an officer of the agency in the performance of his duties. The penalty for this offence is a fine of N5,000 or imprisonment for a term not exceeding two years or to both such fine and imprisonment.

Penalties for offences under the Drugs and Related Products (Registration e.t.c.) Act are as follows:

•in the case of an individual, a fine not exceeding N50,000 or imprisonment for term not exceeding two years or to both fine and imprisonment; and

•in the case of body corporate, a fine not exceeding N100,000.

Dealing without registration being the crux of this Act, it is assumed that the stipulated penalties are only applicable to cases of sale of genuine but unregistered drugs. If the drug in question is fake, adulterated or substandard, the penalties in the Counterfeit and Fake Drug (Miscellaneous Provisions) Act will prevail.

The Counterfeit and Fake Drug (Miscellaneous Provisions) Act contains the highest penalties for drug offences.

Penalty for the sale, manufacture, importation e.t.c. of the prohibited drugs is a fine not exceeding N500,000 or imprisonment for a term not less than five years nor more than15 years or to both. Penalty for sale in prohibited places is a fine exceeding N5,000 or imprisonment.

The Pharmacists Council of Nigeria Act

It contains further penalties where a drug offence is committed by a person registered under it. Section 18(1) give the Disciplinary Tribunal the power to reprimand or order the striking out of the name of a pharmacist found guilty of unprofessional conduct by a court or tribunal.

There is, no doubt, that any illegal dealings in drugs will constitute an act or unprofessional conduct. Penalties for offences relating to patent and proprietary medicines range between N20 and N200.

Enforcement agencies

Different Agencies are charged with the implementation of the existing drug laws. For clarity, implementation under each law shall be treated separately.

Food and Drugs Act

Enforcement of the Food and Drugs Act is vested in the Minister of Health and the inspecting officers.

Powers and functions of the Minister include, power to obtain particulars in respect of certain substances; grant of certificate of safety of batch; and declaration of compliance with provisions of the Act. The most important power of the Minister is the power to make regulations for carrying out the purposes of the Act.

Powers of the inspecting officers are set out in Section 10. These include; power to enter and inspect any premises used for a regulated product; examine any article to which the Act applies, examine any books, documents or other records found on the premises and seize and detain any article by means of or in relation to which any provision of the Act or the regulations has been contravened.

National Agency for Food and Drugs Administration and control (NAFDAC)

National Agency for Food and Drugs Administration and Control is a body corporate established to perform the following functions:-

•regulate and control the importation, exportation, manufacture, advertisement, sale and use of regulated products;

•conduct appropriate tests and ensure compliance with standard specifications designated and approved by the council;

•undertake inspection of imported regulated products;

•compile standard specifications and guidelines for the production, importation, exportation and sale of regulated products; and

•issue guidelines on, approve and monitor the advertisement of regulated products.

Apart from the extension of the meaning of regulated products in the NAFDAC Act to include bottled water and chemicals, the same subject matters are dealt with by both the Act and Food and Drugs Act. Functions of the authorities are similar. The NAFDAC Act which is later in time does not mention the former Act. The only reference is the dissolution of the Food and Drugs Administration and Control Department of the Federal Ministry of Health and Social Services. All assets, funds, resources and movable or immovable property which immediately before the commencement of the Act held office in the Food and Drugs Department shall be deemed to have been transferred to the Agency.

The implication of these provisions is that the National Agency for Food and Drug Administration and Control is to administer the provisions of the Food and Drugs Act. This view is buttressed by the fact that the NAFDAC Act does not contain substantive offences.

This simplistic approach may, however, be faulted by conflicting provisions noticeable in the two laws. These conflicts includes, disparity in the penalty provisions; use of different terminologies in related cases; and differential powers conferred on the Minister. For instance, under the Food and Drugs Act the power of making regulations is exercisable by the Minister on the advice of the Advisory Council. But under the NAFDAC Act, the power is exercisable by the governing Council on the approval of the Minister.

Silence on the relationship between the two laws creates unnecessary confusion and uncertainty. The Food and Drugs Act deals with substantive issue such as offences and penalties. The NAFDAC Act is more or less administrative in context. In the main, it deals with function and powers of agency and its functionaries. It effectively address the issue of probity of the officers by making commendable disciplinary provision.

But no offences are created. On this ground it can be argued that the NAFDAC Act cannot stand alone since offenders cannot be charged under any of its provision. It is therefore suggested that the two laws be merged since, as seen from their respective provisions, one complements the other.

Counterfeit and Fake Drugs

(miscellaneous provision) Act.

Enforcement of provisions of the Counterfeit and fake Drugs (Miscellaneous provision) Act is conferred on the Federal and State Task Force. The functions of the task force include:-

.paying unscheduled visits to all ports of entry and border posts.

.taking sample or specimen of any article, opening and examining, while on the premises, any container or package;

.examining any books, documents or records found on the premises, which are reasonably believed to contain any information relevant to the enforcement of Act; and

.seizing any drug or poison which is counterfeit, adulterated, banned, fake, substandard or expired.

The Task Force also have power to seal up any premises used or being used in connection with any office under the Act.

The Pharmacists Council of Nigeria Act

The pharmacists Council of Nigeria is charged with the implementation of provisions of the Pharmacists Council of Nigeria Act. Among other functions, it determines the standard of knowledge and skill to be attained by person seeking to become registered members of pharmacists profession. Although enforcement of drug laws is not a direct function, the Council by its nature helps to instill sanity in drug matters.

The various provision of the Act creates an inherent deterrence against drug offences. In particular, the provisions on professional discipline make it possible to appropriately deal with a pharmacists found guilty of a drug offence.

Implementation Problems

From the foregoing discourse it is clear that there exist adequate legislative enactments to control the manufacture, sale and advertisement of drugs. The major problem is that of implementation.

The food and Drugs Act has been in force since 1974 but not much successes have been recorded. None of the regulations which received the approval of Advisory Council under the food and Drugs Administration and control Department has been passed into law.

Enforcement procedures are not clearly set out. Apart from the general provisions in Section 10(5), and 14(3), no section confers power of prosecution on any particular person or authority. The position is the same under NAFDAC Act. The result is that a reported case is referred to the police for prosecution.

A noticeable fact about this procedure is that many cases end up at investigation stage. The authority in charge react by passing the buck. For instance, officials of the NAFDAC blame the police and the judiciary for the recurring difficulty normally encountered in the prosecution of food and Drugs Offenders. They claim that many cases which should have been prosecuted end up mid-stream due to ineffective enforcement.

Closely related to the above is the delay associated with investigations of reported cases. In some countries such as Britain, such reports are treated with utmost dispatch. The contrary is the case in Nigeria. Investigations, almost always, take an unduly long period thereby creating opportunity for fraudulent dealing with condemned product.

A case that readily comes to mind is that of destruction of fertility drugs worth=N=11M by NAFDAC officials in Kano on January 28, 1994. The drugs were seized at the Murtala Mohammed International Airport in November 1992. They bore neither the name of the manufacturer nor expiry date. Such time lag could lead to many undesirable consequences for instance, some of the consignment could, with the connivance or collaboration of officials, be pilfered and sold to unsuspecting members of the public.

This research reveals that most provisions on sale of poison and prescription of drugs laws are not observed in practice. Many drug sellers still sell such drugs without prescription.

Oral request are honoured even by some registered pharmacists. Similarly, in disregard of the law, some patent medicine dealers stock and sell prescription drugs. Some also retail in smaller quantities. Tablets and capsules are freely counted and sold to buyers.

The main problem in this regard is that of enforcement. Many State Ministries of health are not sufficiently equipped to monitor the activities of the registered pharmacists and patent medicine dealers. In some States, there may not be more than ten pharmaceutical inspectors with no functional vehicles. Much cannot be achieved under this situation especially in view of the large number of registered pharmacy and patent medicine shops in the states.

Sale of drugs in prohibited places is still noticeable in many towns and cities in the country. The greatest offence in this regard is committed with respect to sale in market places. In 2003, the Pharmacists Council of Nigeria was compelled by the then prevailing situation to issue Guidelines and Regulations reiterating the legal position. The result of this effort is yet to be seen as sections of some Nigerian markets are still devoted to the sale of drugs

Conclusion

This thesis shows that the various enforcement agencies are making reasonable efforts in the implementation of drug laws. Some public alerts have been issued by the NAFDAC against the consumption of drugs adjudged dangerous to health. Also both the NAFDAC and the task Forces have been embarking on incessant raids, seizures and destruction of illegal drugs. The Pharmacists Council of Nigeria uses the process of de-registration to phase out sale of drugs in market places.

Despite the above efforts, the scourge of fake, adulterated and sub-standard drugs has continued unabated. This has generated comments from the mass media, individuals and organizations. An irresistible conclusion is that the enforcement authorities are ill-prepared to reverse the trend. In most cases their directives are not backed by practical implementation. For instance, when a drug is declared unfit for human consumption there is usually no follow up action to ensure that it is actually withdrawn from the market.

The need for closer monitoring of sale of drugs in Nigeria cannot be over-emphasised. There should be routine visits to drug factories to ensure compliance with in-house quality control requirements. In addition, quality control laboratory should be established in each state of the Federation. Drugs from every batch should be certified by this laboratory before been put into circulation. To curb the activities of drug fakers, the raids and seizures of suspicious drugs should be intensified.

The consumer has a very important role to play. Undeserved patronage keeps illegal drug dealers in business. If consumers shun drugs suspected to be sub-standard: make their purchases from accredited sources and report suspected cases to law enforcement agents, the incidence of illegal drugs will be minimized. Education is necessary in this regard as some consumers fall victim out of ignorance. 

Augustine Ogoma is a Senior Magistrate in Imo State Judiciary Owerri & a research student