PSN Hails Landmark Court Judgements In Drug Law Enforcement Says It Safeguards Public Health
0
Lagos
The Pharmaceutical Society of Nigeria (PSN) has commended recent landmark judicial judgement reinforcing drug regulatory enforcement, describing the convictions of unregistered pharmacy operators in Ibadan and Calabar as a significant milestone in strengthening pharmacy jurisprudence and safeguarding public health in Nigeria.
PSN Commends Landmark Court Rulings On Illegal Drug Practice
PSN described the development as a historic judicial pronouncement that strengthens the enforcement of pharmacy and drug laws in Nigeria.
In a statement signed by its President, Pharm. Ayuba Ibrahim Tanko, the Society praised the Federal High Court in Ibadan for sentencing an unregistered operator of a patent medicine shop on 26 May 2026.
The PSN further referenced another ruling in suit No. FHC/CA/76C/2025, where the Federal High Court in Calabar jailed an operator of an unregistered pharmacy alongside three others for running an unlicensed pharmaceutical premises and engaging unregistered personnel to dispense medicines.
The Society described the rulings as a clear signal of strengthened regulatory enforcement within Nigeria’s pharmaceutical sector.
PSN Raises Concerns Over Illegal Practice And Quackery
The Society expressed concern over continued reports of unregulated training and illegal practice within the healthcare space, where individuals claim professional competence acquired through unlawful or informal means.
According to PSN, such practices often occur in private hospitals, pharmacies and other healthcare facilities under unethical supervision, constituting a direct breach of established legal frameworks governing pharmaceutical practice in Nigeria.
It warned that these actions undermine public safety and violate multiple statutory provisions governing drug distribution and pharmaceutical regulation.
Drug Laws And Regulatory Breaches Highlighted
PSN emphasised that Nigeria’s drug laws, particularly the Fake Drug Act, clearly prohibit possession and distribution of counterfeit medicines, with Section 1 prescribing severe penalties, including imprisonment.
The Society also cited Sections 2.1 and 2.2 of the Act, which prohibit the sale of drugs in unauthorised locations, including markets, kiosks, motor parks, vehicles and other non-approved premises.
It further noted that Section 2.2 of the Act clearly designates the Pharmacy Council of Nigeria (PCN) as the statutory licensing authority responsible for pharmaceutical regulation.
PSN stressed that these legal provisions are aimed at ensuring safe and controlled drug distribution nationwide.
Enforcement Of Pharmacy Law Gains Judicial Momentum
The Society observed that while provisions of the Fake Drug Act have occasionally been enforced, resulting in intermittent convictions, recent court decisions demonstrate a stronger application of broader pharmacy laws.
It noted that the rulings in Ibadan and Calabar represent a renewed judicial willingness to impose sanctions against illegal pharmaceutical operations.
PSN described this development as a positive step towards strengthening regulatory compliance and improving public health safety.
Regulatory Concerns In Some States
PSN also drew attention to regulatory challenges in Cross River and Akwa Ibom States, where it alleged that unauthorised groups have assumed regulatory roles by registering pharmacy facilities under the label “Pharmaceutical Chemists.”
The Society described the practice as a violation of the PCN Act 2022 (as amended) and the Fake Drug Act.
It warned that such actions, if unchecked, could undermine national regulatory standards and compromise the integrity of pharmaceutical services.
PSN commended the Pharmacy Council of Nigeria for its continued enforcement actions aimed at curbing illegal pharmaceutical practices across the country.
Drug Regulation As A Constitutional And Public Health Priority
The Society reiterated that drug regulation occupies a strategic position within Nigeria’s constitutional and healthcare framework.
It noted that pharmaceutical practice is listed under Item 21 of Part I of the Second Schedule of the 1999 Constitution, placing drug matters within the Exclusive Legislative List.
According to PSN, this classification reflects the sensitive nature of drug administration and the need for centralised regulatory oversight in line with global best practices.
It added that most responsible governments worldwide maintain strict control over drug regulation due to its direct impact on public health.
Historical Context And Regulatory Evolution
PSN referenced historical developments in Nigeria’s pharmaceutical regulatory structure, particularly the delegation of licensing authority to local governments during earlier reforms in the health sector.
It noted that this decentralised system contributed to regulatory fragmentation and the proliferation of unregistered pharmaceutical premises across the country.
The Society estimated that Nigeria currently has over three million pharmaceutical outlets, with fewer than 50,000 formally registered across manufacturing, importation, distribution and retail operations.
It described this imbalance as a major regulatory challenge requiring urgent attention.
Call For Strengthened Professional Autonomy
PSN warned that interference with professional pharmacy autonomy undermines effective healthcare delivery and weakens regulatory enforcement.
It urged stakeholders in both public and private sectors, including policymakers, investors and healthcare administrators, to recognise the importance of structured pharmaceutical governance.
The Society emphasised that all facilities involved in the storage and dispensing of medicines must operate strictly within approved regulatory frameworks.
Supervision And Control Of Pharmaceutical Premises
PSN highlighted the critical role of Superintendent Pharmacists in ensuring lawful and safe pharmaceutical operations.
It stressed that proper supervision is essential to maintaining safety standards within the drug distribution chain and protecting consumers from substandard or unsafe medicines.
The Society also noted that healthcare institutions must ensure compliance with restructuring requirements governing pharmaceutical operations.
Legal Framework Governing Pharmacy Practice
The Society outlined the legal foundation for pharmacy supervision between 1990 and 2022, referencing the Poisons and Pharmacy Act, Cap 535 of the Laws of the Federation.
It cited provisions requiring selling dispensers and chemists to maintain proper records and ensure personal control of pharmaceutical premises.
PSN also referenced judicial precedents, including the Federal High Court ruling in Dr Akin Oke & Others vs Pharmacists Council of Nigeria (1996), which affirmed the principle of direct professional control over pharmaceutical operations.
It stressed that strict compliance with these provisions remains central to professional accountability.
Code Of Ethics And Professional Responsibility
PSN reiterated that the pharmacy profession is governed by a Code of Ethics that requires Superintendent Pharmacists to maintain direct control over pharmacy operations.
It stated that such officers are responsible for ensuring legal, ethical and professional standards in all pharmaceutical activities.
The Society emphasised that Superintendent Pharmacists must ensure day-to-day operational oversight, take responsibility for outcomes within their premises, and maintain substantial presence to guarantee effective supervision.
PCN Act 2022 And Regulatory Strengthening
The Society highlighted key provisions of the PCN Act 2022, particularly Section 29, which mandates that all pharmaceutical premises operate under the direct supervision of a Superintendent Pharmacist.
It noted that the Act reinforces the authority of the Pharmacy Council of Nigeria to regulate both public and private sector pharmaceutical activities.
PSN stated that the law strengthens accountability structures within the pharmaceutical profession and enhances regulatory enforcement nationwide.
It added that the role of Superintendent Pharmacists is now firmly established as central to safe pharmaceutical practice.
Role And Responsibilities Of Superintendent Pharmacists
PSN described Superintendent Pharmacists as the principal officers responsible for the professional, operational and regulatory management of pharmaceutical establishments.
Their responsibilities include regulatory compliance, pharmacy management, patient care, staff supervision, quality assurance, licensing oversight and inventory management.
They are also responsible for ensuring safe medicine sourcing, proper storage, pharmacovigilance compliance and response to drug safety alerts.
The Society noted that their role is fundamental to safeguarding public health and ensuring safe access to medicines.
Public Health Safety And Governance
PSN explained that Superintendent Pharmacists play a critical role in establishing safe operational systems, including standard procedures for dispensing, storage and counselling.
They are also responsible for ensuring medicine authenticity, proper disposal, regulatory compliance and continuous audit of pharmaceutical processes.
The Society added that their oversight extends to staffing adequacy, business continuity planning and patient-centred care initiatives.
Call For Stronger Legal Enforcement
PSN urged the National Assembly to review and strengthen penalties under existing drug laws, particularly the Fake Drug Act, to enhance deterrence against violations.
It warned that weak enforcement mechanisms could encourage continued breaches of pharmaceutical regulations.
The Society also called for stricter prosecution of individuals and institutions involved in illegal pharmaceutical practices across both public and private healthcare systems.
Conclusion: Strengthening Drug Law Enforcement
PSN concluded that recent court rulings represent a significant milestone in strengthening Nigeria’s pharmaceutical regulatory framework.
It described the decisions as a reaffirmation of the importance of strict enforcement of drug laws to protect public health and ensure professional accountability.
The Society reiterated its commitment to supporting PCN in its ongoing regulatory efforts to eliminate illegal pharmaceutical operations and strengthen safe medicine distribution nationwide.
