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By Doris Obinna
The Pharmaceutical Society of Nigeria (PSN) has applauded recent judgments by the Federal High Court in Ibadan and Calabar, describing them as landmark decisions that have strengthened pharmacy jurisprudence and reinforced regulatory compliance within Nigeria’s pharmaceutical sector.
In a statement issued by its President, Ayuba Tanko, the PSN praised the Federal High Court in Ibadan for sentencing an unregistered operator of a patent medicine shop on May 26, 2026. The society also commended the Federal High Court in Calabar for convicting and jailing the operator of an unregistered pharmacy and three others in suit number FHC/CA/76C/2025 for operating an unlicensed pharmaceutical premises and engaging unregistered personnel to dispense medicines.
According to the PSN, the judgments represent a significant milestone in the enforcement of pharmacy and drug laws, particularly at a time when illegal drug distribution and unauthorized pharmaceutical practice continue to pose serious risks to public health.
The society expressed concern over what it described as the growing trend of individuals claiming healthcare qualifications obtained through unlawful arrangements in private hospitals, pharmacies and other healthcare facilities. It noted that such practices violate several provisions of Nigeria’s pharmacy and drug laws and undermine efforts to ensure safe and effective healthcare delivery.
The PSN highlighted provisions of the Fake Drugs and Unwholesome Processed Foods Act, which criminalizes possession of fake drugs and prohibits the sale of medicines in markets, kiosks, motor parks, ferries, buses and other unauthorized locations. It stressed that the law clearly designates the Pharmacy Council of Nigeria (PCN) as the appropriate licensing authority for pharmaceutical premises.
While noting that prosecutions under the Fake Drug Act have occasionally resulted in jail terms, the society observed that enforcement has not been frequent enough to serve as a strong deterrent. It therefore welcomed the recent court decisions as a positive development in strengthening compliance with pharmaceutical regulations.
The association also raised concerns about alleged unauthorized registration of pharmaceutical facilities as “pharmaceutical chemists” in Cross River and Akwa Ibom states, describing the practice as a violation of both the PCN Act 2022 and existing drug laws. It commended the Pharmacy Council of Nigeria for sustaining enforcement actions against regulatory violations across the country.
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The PSN reiterated that drug regulation remains an exclusive federal responsibility under the 1999 Constitution, emphasizing that medicines occupy a strategic position within the healthcare value chain and require centralized oversight to safeguard public health.
The society traced the proliferation of unregistered pharmaceutical premises to policy decisions dating back to the era of former Health Minister, Prof. Olikoye Ransome-Kuti, when the issuance of Patent and Proprietary Medicine Vendor Licences was delegated to local governments. According to the PSN, the resulting expansion of licensing authorities contributed to the rapid growth of unregulated drug outlets nationwide.
The association further underscored the legal importance of Superintendent Pharmacists in pharmaceutical practice, noting that both the former Poisons and Pharmacy Act and the PCN Act 2022 require every pharmaceutical premises to operate under the direct supervision and control of a Superintendent Pharmacist.
It explained that Superintendent Pharmacists are responsible for ensuring regulatory compliance, maintaining quality standards, supervising pharmacy personnel, safeguarding medicine supply chains, overseeing patient care and ensuring that pharmaceutical operations comply with professional and ethical requirements.
The PSN stated that the provisions of the PCN Act 2022 have strengthened the authority of Superintendent Pharmacists and empowered the Pharmacy Council of Nigeria to regulate pharmaceutical practice in both public and private sectors.
The society also called on public and private healthcare institutions where medicines are routinely stocked and dispensed to comply fully with the requirements of the law by ensuring that pharmaceutical services remain under the supervision of qualified pharmacists.
The PSN urged the National Assembly to review and strengthen penalties under the existing Fake Drug Act, arguing that weak sanctions continue to encourage violations. It also called for stricter enforcement against individuals and institutions that contravene provisions of the PCN Act 2022 and other pharmaceutical regulations.
