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The Challenge of Drug Importation in Nigeria

By Daniel Okonkwo

The importation and distribution of pharmaceutical products in Nigeria remain critical issues, deeply entangled with regulatory challenges, economic considerations, and public health concerns. While the fight against counterfeit and substandard drugs is essential, the rigid classification of all unregistered drugs as counterfeit has sparked controversy, particularly regarding its impact on access to essential medicines and the pharmaceutical business ecosystem.

The World Health Organization (WHO) estimates that approximately $83 billion worth of counterfeit drugs are sold annually, with one in ten medical products in developing countries being substandard or fake. Even developed nations like the United States, despite having a closed drug distribution system, struggle with counterfeit drugs, particularly due to illegal online pharmacies. However, in Nigeria, the situation is exacerbated by systemic issues that require urgent reform.

Some unscrupulous importers deliberately bring in fake drugs to maximize profits at the expense of public health. Counterfeit medicines, which often contain little or no active ingredients, are cheaper to produce and yield high financial returns, making them an attractive yet dangerous trade.

One critical challenge importers face is the high cost of registering drugs with the National Agency for Food and Drug Administration and Control (NAFDAC). Many reputable pharmaceutical companies manufacture high-quality drugs abroad, but because they are not registered in Nigeria, they are automatically labeled fake. Some importers argue that these drugs are not harmful but simply lack NAFDAC certification due to bureaucratic bottlenecks and excessive fees.

The government’s failure to balance regulation with business survival has led to policies that unintentionally encourage smuggling. The high cost of registration fees is seen as a vital source of revenue for NAFDAC, but for businesses, it is a significant burden that threatens their operations and their ability to provide essential medicines.

When a company successfully registers a drug, regulatory agencies often clamp down on unregistered alternatives. While this protects registered brands, it raises ethical concerns—are these crackdowns solely about public health, or do they also serve commercial interests? This regulatory monopoly creates an uneven playing field and discourages healthy competition.

The rigid classification of unregistered drugs as "fake and substandard" poses a significant challenge. In Nigeria, hospitals rely on various essential drugs, including anesthetic agents, that might not be manufactured or registered locally. These drugs are crucial for surgical procedures and other medical treatments. The paradox is that while these medications are in daily use without adverse effects, they remain technically illegal due to their unregistered status.

Historically, NAFDAC has granted waivers for certain critical medicines, allowing hospitals to use them without interference. However, it remains unclear whether such waivers are still in effect. If they are discontinued, the risk of drug shortages in hospitals increases, putting lives in jeopardy.

The federal government must review and reduce the cost of drug registration. Many importers complain that NAFDAC’s fees are too high, making compliance difficult. A fair reduction in these fees will encourage legitimate registration, thereby reducing the influx of unregulated drugs.

It is crucial to engage all relevant stakeholders—importers, pharmaceutical companies, healthcare professionals, and regulatory bodies—to find sustainable solutions. A collaborative approach will help refine policies that work for both public health and businesses.

Unregistered but essential medicines—which might be safe and effective but lack NAFDAC approval

A blanket classification of all unregistered drugs as fake is counterproductive and threatens public health.

Regulatory agencies must strengthen their enforcement mechanisms to prevent the smuggling of counterfeit drugs while ensuring that corruption within the system is eradicated. Transparent processes, coupled with technology-driven tracking systems, can help achieve this.

Instead of outright seizures and destruction of unregistered but essential drugs, regulatory bodies can introduce temporary approval mechanisms that allow these products to be used while undergoing expedited registration. This ensures continued access to life-saving medications while maintaining regulatory oversight.

Nigeria’s pharmaceutical regulatory policies must evolve to reflect the realities of the healthcare system. While counterfeit drugs must be eradicated, the rigid classification of unregistered medicines as fake is a flawed approach that jeopardizes lives.

The government must reassess its strategies, prioritizing accessibility, affordability, and the sustainability of life-saving medications.

A balanced and pragmatic approach—one that protects public health without stifling businesses—is the only way forward. Ensuring a fair regulatory environment will not only mitigate the risk of fake drugs but also boost importer confidence, enhance healthcare delivery, and ultimately save lives.

Say No to Fake Drugs!

Counterfeit, spurious, and falsified drugs are dangerous, and anyone involved in their distribution should be imprisoned.

Daniel Okonkwo Profile International Human Rights Advocate.

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