In a collaborative effort, the National Agency for Food and Drug Administration (NAFDAC) and the Pharmaceutical Council of Nigeria (PCN) have issued a comprehensive directive to manufacturers, importers, company representatives, and distributors within the pharmaceutical industry.
This directive explicitly instructs them to immediately halt the supply of pharmaceuticals, medical devices, and other regulated medical products to facilities or companies operating outside the confines of the coordinated wholesale centre located in Dangwauro, Kano State.
This critical advisory comes in response to a recent judgment handed down by the Federal High Court last Friday, which specifically ordered medicine dealers in Kano to vacate Niger Street/Sabon Gari market and relocate to the coordinated wholesale centre at Dangwauro.
In light of this judicial decision, NAFDAC and PCN are now emphasizing the necessity of adhering to proper distribution practices to curb the potential influx of substandard and falsified medicines into the market.
The joint statement released by NAFDAC and PCN on Sunday underscores the gravity of the situation, cautioning that companies found in violation of this directive not only risk regulatory sanctions but also stand to lose their site licenses and product licenses. This stringent stance aims to ensure the integrity of the pharmaceutical supply chain and safeguard public health.
The Federal High Court’s ruling, which dismissed a suit filed by the Nigerian Association of Patent Proprietary Medicine Dealers (NAPPMED), further supports the relocation order issued by PCN. Justice Simon Amobeda, presiding over the case, ruled that NAPPMED lacked the standing to challenge the relocation order, emphasizing that PCN holds the regulatory authority over their business practices. The court, in its judgment, deems the suit an abuse of the legal process, highlighting a prior case decided in favor of the defendants on June 30, 2023.
Moreover, the court clarified that NAPPMED’s role primarily involves over-the-counter sellers and not wholesalers of pharmaceutical products. Justice Amobeda underscored the unsubstantiated nature of the allegations, including threats of arrest, and emphasized that members must comply with the directives of their parent body.
Addressing questions about constitutional supremacy, the court ruled that the PCN Act does not conflict with constitutional provisions. Consequently, the court deemed the suit lacking in merit and wholly dismissed it, asserting that the PCN Act aligns with proper regulatory and distribution practices.
In essence, this unfolding scenario underscores the collaborative efforts of NAFDAC and PCN to enforce regulatory measures, ensuring the proper distribution of pharmaceuticals and upholding the integrity of the industry in the face of evolving legal challenges.