Court affirms NAFDAC’s power to regulate chemicals

FEDERAL High Court sitting
in Calabar, Cross River State,
said the National Agency for
Food and Drug Administration
and Control, NAFDAC, has the
power to regulate all chemicals
in Nigeria.
Justice E. A. Obile held that
the importation, exportation and
use of all chemicals are within
NAFAC’s regulatory purview
including clinker which is used
in cement production.
He delivered judgment in a
suit filed by United Cement
Company of Nigeria Limited,
UNICEM.
The plaintiff contended in a
suit filed on September 22, 2011
that NAFDAC lacks the powers
to regulate the import or export
of Portland cement ‘clinker’ for
not qualifying as a chemical as
specified in NAFDAC’s Act.
UNICEM argued that the
word “chemical” as stated in
Section 5(a) of NAFDAC’s Act
refers only to pharmaceutical
chemicals.
It said any attempt by
NAFDAC to regulate nonpharmaceutical
chemicals
would amount to usurping the
functions of other regulatory
agencies.
But, NAFDAC’s lawyer,
Adedapo Tunde-Olowu, argued
that its power to regulate and
control the business and use of
“chemical” was not limited to
only pharmaceutical chemicals.
Justice Obile held that based
on Section 5(a) of the NAFDAC
Act, the agency has powers to
regulate the use of food, drugs,
cosmetics, medical devices,
bottled water and chemicals.
According to him, the section
provides that the agency
shall “regulate and control
the importation, exportation,
manufacture, advertisement,
distribution, sale and use of
food, drugs, cosmetics, medical
devices, bottled water and
chemicals.”
The judge held that cement
clinker is a chemical, adding that
there is no ambiguity in Section
5(a) of the NAFDAC Act.
Justice Obile said NAFDAC
did not go beyond its powers and
that any attempt by the court to
state which chemical NAFDAC
is to control or regulate would
amount to amending the statute
which he said the court lacks the
power to do.
The judge, therefore, dismissed
the plaintiff’s claims.

Source: Nigeria Pilot