Onitsha market closure: NAFDAC and the burden of clarification

• It is also highly imperative to establish the innocence or otherwise of the traders NAFDAC is asking to pay this fee.
• If truly the commission uncovered any shady and criminal activities by unscrupulous traders during the course of its investigation then the right thing to do is to prosecute the offenders.

The importance of small and medium enterprises to any nation cannot be overemphasized. They are drivers of any economy and the biggest employers of labour. It’s the foundation on top of which strong and prosperous economies are built. Every government that’s interested in a strong and stabilised economy promulgate business-friendly policies and builds the infrastructure that supports small and medium businesses.

Unfortunately, things are different in Nigeria. While nations all over the world are doing everything to support small and medium businesses, the President Bola Tinubu-led government appears to be hellbent on not only stifling them but also killing them. From haphazard, poorly thought out and ill-timed macroeconomic policies to aggressive and crippling revenue drive, his government has not done much to improve the lot of entrepreneurs and small business owners.

The closure of the Onitsha Head Bridge Market has once again brought the aforementioned reality to the fore. The National Agency for Food and Drug Administration and Control and security agencies had earlier in the year shut down the entire market over the sale of illegal drugs in some parts of the market. Even other neighbouring markets where other items and commodities that are sold were shut down. The closure of an entire over the activities of a few unscrupulous people is a bit over the top.

After months of closure, the regulatory agency announced that it would be reopening the market, but the announcement has sparked uproar over the conditions and requirements NAFDAC gave to reopen the market. It’s learnt that NAFDAC is now asking traders affected by the closure to pay N700,000. The money it was gathered was for structural deficiencies that were not the making of the traders.

NAFDAC has since refuted the claim of demanding N700,000 for the reopening of stores, noting that the amount it initially asked the affected store owners to pay an N5,000,000 investigative charge but later reduced it to N200,000 after appeals. But the amount it asked the traders to pay before their stores could be reopened is not the bone of contention here. Whether the amount demanded by NAFDAC is N5,000,000, N700,000, or N200,000, is immaterial here. The question is why NAFDAC is asking traders who are already reeling from the impact of the disruption of their business and also grappling with economic hardship to pay an investigative fee?

Why is NAFDAC, a government agency set up to combat the proliferation and sale of fake drugs in Nigeria asking those adversely affected by its actions to pay for its operational cost? It’s also important to state that NAFDAC action is illegal. The commission has no legal right under the law of Nigeria to arbitrarily charge or collect money for alleged violation of its laws and Regulations. NAFDAC is not a Court of Law and has no legal right to impose fines and monetary sanctions on persons and companies.

It is also highly imperative to establish the innocence or otherwise of the traders NAFDAC is asking to pay this fee. If truly the commission uncovered any shady and criminal activities by unscrupulous traders during the course of its investigation then the right thing to do is to prosecute the offenders.

1. But if the traders that are being asked to part with a substantial amount of their money have not run afoul of the law and are not involved in any criminal activities then the commission has more clarification to do.

Asking innocent traders, who have already suffered immense financial loss from the closure of their stores for extensive periods, to get their business back is not regulatory oversight aimed at ensuring adherence to laws of sales of drugs; that’s extortion. Even un​fath​om​ably unconscionable would be if the traders in question are found to be involved in any illegal activities. That would mean the commission is willing to let those who sell fake drugs keep their business as long as they are ready to part with some proceeds of their illicit business.

NAFDAC is a regulatory agency and not a revenue-generating one. It must stick to its regulatory duties. We cannot afford to sacrifice the public safety and health of Nigerians for revenue generation.