Drug availability, distribution andcontrol are majorly concern in health development as drugs constitute an important aspect of health development technology (Silverman, Lydecker and Lee, 1990). In Nigeria particularly since the mid 1980’s shortage of drugs and other technologies have become pervasive threats to the medical care system (Ohuabunwa, 2002), the major problem however seems to lie within the drug distribution and control channel. The sum total of the effect is the increase in the sale and distribution of counterfeit drugs, which have grave consequences for the health of the health of the people of Nigeria. The fore mentioned laws shows that the government has positively responded by legislation of forestall a chaotic drug distribution situation in Nigeria. But empirical data has shown that the situation is far from adequate. 

 

The National Agency for Food and Drug Administration and Control (NAFDAC) is a Nigerian Government Agency under the federal ministry of health that is responsible for regulatory and controlling the manufacture, importation, exportation, advertisement, distribution, sale and use of food, drug, cosmetics, medical devices, chemicals and prepackaged water. The current Director General of NAFDAC Dr. Paul Orhii, holds a PHD in Medicine.

In Nigeria today, there is an influx into the market of fake machine parts, fake motor spare part, take chemicals, fake adulterated food items, amongst others. It may appear that almost every existing product has a fake counterpart. The era 1985-2000 in Nigeria has heralded the regime of faking and quackery, counterfeit drugs, quack doctors, illegal chemist shops ad hospitals. Drugs are no exception (Ohuabunwa, 2002). The menace of fake drug became prevalent in the last decade and the present situation is alarming in the West African Sub-region, including Nigeria. Empirical observations have shown that there may be more fake than genuine drug in circulation (Osibo, 1998).

A disturbing aspect of the counterfeit drug menace is that the effects of consuming such drugs go unnoticed most of the times except in such cases where it results in mass deaths. There are generally no reliable data on the mortality or morbidity arming from the consumption of counterfeit drugs in Nigeria. In 1947, 14 children were reported dead after being administered Chloroquine phosphate injections and in 1990, 1909 children died after being administered fake Paracetamol (Aluko, 1994). Usually such incidence stimulates governments into taking positive steps, principally arising from public outcry.

The trend in the last decade prompted the public and particularly the professional bodies notably pharmaceutical society of Nigeria, to pressure the government to take definite steps towards controlling the preponderance of fake drugs in Nigeria, the government responded by promulgating the counterfeit and fake drugs (miscellaneous provisions) decree No.21 of 1988. This decree prohibited the sale and distribution of counterfeit, adulterated, banned and fake drugs or poisons in open markets and without License of registration. It also created penalties for the breach of the responsibility of seizing any drug or poison illegally displayed unlicensed or unregistered premises. Shortcomings in the degree led to its being repealed by decree No.21 in 1989 and subsequent amendments.