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By Doris Obinna
The Association of Community Pharmacists of Nigeria (ACPN) has criticised the Memorandum of Understanding (MoU) signed between the Federal Ministry of Health (FMoH) and Medipool, describing it as a flagrant violation of existing Acts of Parliament governing drug procurement and distribution in Nigeria.
In a statement signed by its National Chairman, Ambrose Ezeh and National Secretary, Omokhafe Ashore, the association said the agreement, which seeks to establish a centralised purchasing organisation for medicines, undermines established legal frameworks including the Public Procurement Act 2007, the Pharmacy Council of Nigeria (PCN) Act 2022 and the National Health Act.
The ACPN acknowledged the Federal Government’s intention to streamline medicine procurement, improve transparency and ensure competitive pricing through bulk purchasing. However, it argued that such objectives must not override adherence to the rule of law. According to the association, drug procurement and distribution in Nigeria are legally reserved for registered pharmacists under the PCN Act, which confers exclusive authority on pharmacists to import, export, compound, dispense, sell and procure medicines.
The pharmacists’ body further expressed concern over plans to fund the Medipool initiative through the Basic Healthcare Provision Fund and integrate it into public sector procurement processes, warning that any arrangement granting exclusive supply privileges to a private entity without open competitive bidding contravenes the Public Procurement Act.
Citing provisions of Section 16 of the procurement law, the ACPN stressed that all public procurement must be conducted through transparent, competitive bidding processes backed by budgetary appropriations and regulatory approvals. It maintained that Medipool is not registered as a drug distribution entity in Nigeria beyond a retail premises in Lagos and therefore lacks the legal standing to manage large-scale public drug procurement.
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The association also referenced the troubled history of the Drug Revolving Fund in federal health institutions, noting that mismanagement and alleged corruption had led to debts running into billions of naira. It argued that rather than introducing what it termed an unlawful model, the government should strengthen and legally institutionalise a reformed Drug Revolving Fund system led by pharmacists.
The ACPN recalled a 2010 directive under former President Goodluck Jonathan, which affirmed the leading role of pharmacists in drug quantification, sourcing and quality control, even within the framework of the Public Procurement Act, due to the specialised nature of medicines.
It warned that the Medipool agreement risks entrenching illegality in the health sector and could conflict with statutory powers vested in the National Council on Health under the National Health Act 2014. The body maintained that Section 27(5) of the PCN Act prohibits private pharmacy facilities from operating public pharmacies within government health institutions.
Declaring the memorandum “invalid and a nullity,” the ACPN urged the ministry to suspend its implementation and instead pursue a legislatively backed Drug Revolving Fund model that prioritises transparency, local pharmaceutical manufacturers and strict compliance with existing laws.
The pharmacists reaffirmed their commitment to strengthening Nigeria’s medicine supply chain but insisted that reforms must be grounded in due process and professional oversight to safeguard public health and uphold the law.
