Pharma­cists demand crackdown on unlawful violations in federal health institutions

•Nigeria community pharmacy

Citing widespread breach­es of pharmaceutical reg­ulations, the Association of Community Pharma­cists of Nigeria (ACPN) has urged authorities to impose sanctions on companies and their Su­perintendent Pharmacists oper­ating unlawfully within Nigeria’s Federal Health Institutions(FHIs) across the country.

The statement, jointly signed by Pharm. Ambrose Igwekamma Ezeh, ACPN National Chairman, and Pharm. Omokhafe Ashore, National Secretary, lays bare a disturbing pattern of unethical practices, institutional complic­ity, and flagrant disregard for statutory provisions governing pharmaceutical operations in the country, reports Daily Independent.

The statement stated, “ACPN has been reviewing the unethical misconduct of some pharma com­panies and their Superintendent Pharmacists who have been run­ning practices albeit unlawfully in some Federal Health Institu­tions (FHIs) for many months with tacit endorsement of both hospital managements as well as the Federal Ministry of Health (FMoH).

“We wish to declare that the time is now to put a stop to these unwholesome practices.”

A Systemic Breakdown Of Oversight

The ACPN’s declaration is not merely a critique, it is a damning indictment of the Federal Min­istry of Health (FMoH) and the management of FHIs, who, ac­cording to the association, have tacitly endorsed illegal pharma­ceutical practices for months. These violations, the ACPN as­serted, are not isolated incidents but part of a broader, systemic collapse of regulatory oversight.

“It is a travesty of justice and the rule of law,” the statement reads, “that Government agencies and institutions choose to break the very law they are meant to up­hold.”

The FMoH, which should serve as the watchdog over FHIs, has instead become complicit in perpetuating a vicious cycle of ab­errant drug distribution models through unlawful Public-Private Partnerships (PPPs), including the controversial Medipool ini­tiative, the statement noted.

It reads, “The FMOH which ordinarily should exercise over­sight functions on the FHIs which fragrantly break the law has cer­tainly not exculpated itself from the unending vicious cycle of ab­errant outputs in drug distribu­tion models in the Public Sector through its various experiments with Medipool and other unlawful models of PPPs which only em­boldens its various appendages in the value chain of the MDAs in the Health Sector to work in simi­lar spirit with reckless abandon.”

The Frankenstein Of The Nigerian Fac­tor

The ACPN lamented the perva­sive influence of what it terms the “Frankenstein monster” of the Nigerian Factor, an endemic cul­ture of corruption and impunity that undermines every potential­ly fruitful venture. This culture, the association argued, has en­abled Chief Medical Directors (CMDs) and Managing Directors (MDs) of FHIs to plunder the re­sources of Drug Revolving Funds (DRFs), which were originally de­signed to ensure sustainable drug supply in public hospitals.

The association cited the exem­plary achievement of the Phar­macy Department at the Nation­al Orthopaedic Hospital, Igbobi, which in 2014 constructed a Phar­macy House worth over ₦200 mil­lion without compromising the integrity of its DRF.

This feat, ACPN notes, remains unmatched in the annals of Nigerian health funding and management.

Legal Frameworks Trampled

The ACPN’s statement is grounded in a robust legal frame­work, referencing Decree 43 of 1989 (now Cap 252 LFN 2004), which established the Essential Drug List (EDL) and the opera­tional manuals for DRFs. These provisions mandate that pharma­cists, as project managers, must exercise lawful superintendence over drug procurement and dis­tribution.

However, the ACPN contended that these laws have been systematically ignored.

The Association of Communi­ty Pharmacists of Nigeria there­fore frowned at several breaches of the Pharmacy Council of Ni­geria (PCN) Act 2022. It noted that Section 22(1) stipulates that only pharmacies which are duly regis­tered and inspected are permitted to store, dispense, distribute, or sell pharmaceutical products. Section 27(5) explicitly prohibits the operation of privately owned pharmacies within public health facilities, a provision the associ­ation claims is being routinely violated. Furthermore, Section 29 mandates that every pharma­cy must be under the control of a Superintendent Pharmacist, ensuring professional oversight.

The ACPN also references Sec­tion 54 of the PCN Act, alongside Sections 1:1 and 2:1 of the Fake Drug Act, which criminalise the operation of unregistered phar­macies and the sale of drugs in unauthorised locations. These legal provisions, according to the association, are being disre­garded, contributing to systemic irregularities in the pharmaceu­tical sector.

The ACPN asserted that the FMoH and FHIs are in direct vio­lation of these statutes, particu­larly through their endorsement of PPP models that bypass com­petitive bidding processes man­dated by the Public Procurement Act 2007.

Unregistered Pharmacies, Phantom Endorsements

The association reveals that over 20 pharmaceutical premises currently engaged in PPPs within FHIs are unregistered, rendering their operations illegal. One par­ticularly aggressive company, based in GRA, Ikeja, Lagos State, has reportedly taken over the pharmacy of a prominent teach­ing hospital and continues to ex­pand its reach across other FHIs. This company allegedly invokes the names of senior government officials and even the PCN to falsely legitimise its operations.

Superintendent Pharmacists On Notice

In a stern warning, the ACPN has placed all Superintendent Pharmacists whose licences are being used to cover these unlaw­ful operations on notice. They are instructed to regularise their activities with hospital manage­ments before the end of 2025 or face disciplinary action from the ACPN in 2026.

The association vowed to pursue broader sanc­tions through appropriate licens­ing authorities and to press for strict liability offences under the Consumer Protection and Trade Malpractices Act.

A Call For Presidential Intervention

The association issued an appeal to President Bola Ahmed Tinubu, requesting intervention in matters concerning the Coor­dinating Minister of Health and Social Welfare.

The association expressed concern over what it described as systemic issues in the nation’s drug distribution framework, attributing the chal­lenges to alleged irregularities linked to government practices. The ACPN emphasised that these developments could significantly impact public health and called for prompt corrective measures.

Lawful Reform, Sustainable Financing

The ACPN urged a decisive shift away from ineffective ex­periments and called for a re­newed commitment to lawful, statute-based reforms in the phar­maceutical sector. Central to this call is the strengthening of local drug manufacturing, supported by robust credit guarantees that empower producers.

The ACPN also emphasised the need for transparent and legiti­mate procurement practices to restore integrity to supply chains.

To ensure financial sustainability, it advocates for the establishment of working capital lines through Drug Revolving Fund (DRF) ac­counts.

Ultimately, these measures aim to secure consistent drug availability and eliminate the persistent issue of stock-out syn­dromes that undermine patient care, according to ACPN.

The association emphasised that financing gaps in the pro­curement and distribution of drugs and medical consumables weaken access, equity, and qual­ity of care. It pledges to contin­ue sensitising both federal and state governments on the need for sustainable financing models that uphold the integrity of phar­maceutical practice.

A Sector At The Crossroads

ACPN highlighted concerns regarding irregularities in the country’s public health sector. The association cited instances of unlawful operations by pharma­ceutical companies and lapses in regulatory oversight, attributing part of the problem to inadequate enforcement by relevant govern­ment institutions. Citing existing legal frameworks and historical developments, and the association called for increased accountability, systemic reforms, and improved governance within the sector.

ACPN also demanded for de­cisive action to address ongoing challenges in the pharmaceutical sector. The association further emphasised the urgency of imple­menting comprehensive reforms to safeguard the integrity of phar­maceutical practices in Nigeria.

“We shall advocate wider sanctions from the appropriate licencing authorities in Pharma­cy Practice in addition to pressing for strict liability offences against these companies and erring pro­fessionals within the framework of the Consumer Protection and Trade Malpractices Act,” the statement added.