The Association of Community Pharmacists of Nigeria (ACPN) has accused the Federal Ministry of Health of breaching established procurement laws by signing an agreement with Medipool, a private company, to oversee a centralised drug purchasing system for Nigeria’s health institutions.
In a press statement released on Monday, jointly signed by the National Chairman, Pharm. Ezeh Ambrose, and the National Secretary, Pharm. Omokhafe Ashore, the ACPN, accused the Ministry of violating multiple Acts of Parliament. The pharmacists described the agreement as a “flagrant violation” of the Public Procurement Act 2007, the Pharmacists Council of Nigeria (PCN) Act 2022, and the National Health Act 2014. They warned that the deal could undermine lawful drug procurement processes and professional standards across the country.
Ministry’s Position
The Federal Ministry of Health had defended the Medipool arrangement, stating that it was designed to streamline procurement, ensure competitive pricing, guarantee steady supply of essential medicines, and improve value for money across federal health institutions.
According to the ministry, the centralised purchasing system would address longstanding inefficiencies in fragmented procurement processes, poor coordination, and suboptimal value-for-money in medicine purchases. Officials argued that the initiative would enhance transparency and improve access to essential medicines nationwide.
ACPN’s Response
The ACPN rejected the ministry’s justification, insisting that no objective, however noble, can override the rule of law.
The statement partly reads, “This move by the federal government is structured to achieve both timely and strategic access to drugs by consumers of health. In a sector long burdened by fragmented procurement processes, poor coordination, and suboptimal value-for-money in medicine purchases, the creation of a central purchasing platform without due regard to law will never serve the intended merit to streamline procurement, enhance transparency, and improve access to essential medicines across the country.
“For pharmacists, who are the custodians of medicine use and safety, a more efficient and equitable system holds significant potential for strengthening our professional contributions to patient care, particularly when we embrace the finest tenets of the rules of engagement.
“The proposed objectives of Medipool achieving competitive pricing, ensuring consistent supply of essential medicines, and leveraging government purchasing power cannot override adherence to the law.”
Call For Legal Frameworks
Community pharmacists underscored the importance of embedding legal and institutional frameworks in Nigeria’s pharmaceutical supply chain. They recalled that the Federal Ministry of Health had approved the National Drug Distribution Guidelines in 2015 to sanitise private sector distribution.
The ACPN argued that a Federal Drug Management Agency, backed by law, is necessary to normalise the public sector supply chain. They emphasised that stakeholder engagement will be decisive, maintaining that pharmacists must be involved in every stage of planning, implementation, and monitoring, in compliance with extant laws.
Their expertise, they said, is indispensable for ensuring product quality, rational medicine selection, and sound pharmacoeconomic evaluation.
Global Best Practices
The group highlighted that transparent, evidence‑based procurement practices have delivered results globally. If applied in Nigeria, they argued, such practices could generate cost savings, improve health outcomes, and strengthen health facility performance nationwide.
The association also called for procurement models that prioritise local pharmaceutical companies. Supporting domestic manufacturers, they said, will enhance Nigeria’s medicine security, reduce import dependence, and stimulate local investment. Achieving pharmaceutical self‑sufficiency, they concluded, requires fair procurement practices that strengthen the local industry.
Legal Provisions Cited
Citing provisions of the Public Procurement Act, the pharmacists argued that all public procurement must be conducted through open competitive bidding, backed by budgetary appropriations and subject to regulatory oversight.
The statement further reads, “Medipool is not a registered distributor of drugs in Nigeria, as the only registration associated with Medipool is its registration of a retail premises in a location in Lagos.
“Medipool, as a corporate entity, and any Pharmacist who works on its distribution project are in flagrant violation of the law.
“In light of the listed provisions, a Private Entity is not legitimately authorised to enter into a contractual arrangement that confers exclusive privilege to a Private Entity (Company or Individual) to supply drugs and medical consumables without competitive bidding in Nigeria.”
Drug Procurement Directive Ignored
According to the ACPN, the National Health Act 2014 explicitly empowers the National Council of Health to make statutory pronouncements on health matters in Nigeria. The Council’s authority, they emphasised, goes beyond offering advice to the Honourable Minister of Health.
The pharmacists pointed out that in December 2023, the Council directed all Federal Health Institutions to adopt the Drug Revolving Fund (DRF) as the standard mechanism for drug procurement. Many institutions, however, have failed to comply.
The ACPN cautioned that the Federal Ministry of Health’s Medipool MOU could perpetuate unlawful and illegal procurement practices, posing risks to the credibility and transparency of the health system.
The statement reads, “The provisions of section 27[5] of the PCN Act, which prohibit the operations of private Pharmacy facilities from running Public Pharmacies in the Public health ecosystem, forbid the latitude of influence of Medipool and such structures from operating in Public health institutions in Nigeria.
In light of the listed provisions, a private entity is not legitimately authorised to enter into a contractual arrangement that confers exclusive privilege to supply drugs and medical consumables without competitive bidding in Nigeria.”
Exclusive Role Of Pharmacists
The ACPN further contended that under the Pharmacists Council of Nigeria Act 2022, only registered pharmacists are legally empowered to import, export, mix, compound, prepare, dispense, counsel, sell, procure and distribute drugs in Nigeria.
The association declared, “We confirm with a huge sense of responsibility that there is no other professional, even outside healthcare, charged with the specific responsibility of drug procurement through licensure apart from registered pharmacists.”
Concerns Over Funding
The pharmacists also raised concerns about plans to fund the Medipool initiative through the Basic Healthcare Provision Fund, warning that such integration must strictly comply with existing procurement laws and national health regulations.
On the troubled history of the Drug Revolving Fund, the ACPN alleged that poor management by non-pharmacist-led administrations in some federal health institutions had weakened the scheme, leaving hospitals heavily indebted to suppliers.
“As at November 2023, sources in the pharmaceutical industry put the indebtedness of 73 Federal Health Institutions to suppliers at over N30 billion,” the statement claimed.
Historical Context
The association referenced a 2010 directive issued under former President Goodluck Jonathan, which allowed pharmacists to retain professional leadership in drug quantification, sourcing and quality control due to the specialised nature of medicines.
The ACPN queried, “If these endeavours were deemed relevant in the professional realm, why then will the Federal Ministry of Health in 2026 take us back to unlawful models?”
Invalidity Of The MOU
The pharmacists also cited Section 27(5) of the PCN Act, which they said prohibits private pharmacy facilities from operating public pharmacies within government institutions, arguing that the Medipool structure risks contravening that provision.
Describing the MOU as invalid and a nullity within all known lawful contexts in Nigeria, the ACPN called on the Federal Ministry of Health to suspend the agreement and instead pursue a Drug Revolving Fund model backed by an Act of Parliament in the public interest.
The statement noted, “In view of the listed violations that the Federal Ministry of Health – Medipool Memorandum of Understanding breaches the Public Procurement Act 2007, PCN Act 2022, and NH – 2014 Act, the MOU remains invalid and a nullity within all known lawful contexts in Nigeria.
“The way forward and the proactive thing to do by sensitive and responsive administration in the FMOH is to activate a DRF-formatted Act of parliament, ultimately in the public interest.”
The ACPN’s position represents a direct challenge to the Federal Ministry of Health’s procurement strategy. While the Ministry has defended the Medipool arrangement as a means to improve efficiency and transparency, pharmacists insist that the agreement contravenes established laws and undermines professional standards.
The association therefore called for immediate suspension of the MOU and urged the government to pursue a lawful, pharmacist-led Drug Revolving Fund model to safeguard Nigeria’s pharmaceutical supply chain and uphold the integrity of public health procurement.
