A proceeds of crime recovery expert, Aliyu Yusuf, has said that while Chinese counterfeiters bear significant responsibility for the fake products circulating in Nigeria, this should not lead to helplessness on the part of the National Agency for Food and Drug Administration and Control (NAFDAC) in carrying out its statutory duties, given that such activities fuel illicit financial flows (IFF).
Aliyu described the proliferation of fake and adulterated products in the country as a serious public health concern, noting that the affected items include chemically treated fruits, poisoned foodstuffs, contaminated beverages, assorted alcoholic drinks, and unregulated or unlabelled GMO foods.
“These products are often linked to serious health problems affecting Nigerians, including cancer and diabetes,” he said.
According to him, NAFDAC can, and should, do more by employing the full instrumentality of the country’s legal framework to address the crime of counterfeiting.
“The fundamental ways of combating counterfeiting are effective enforcement, prevention through public enlightenment, and asset recovery from those involved in the illicit trade,” Aliyu said, adding that enforcement alone has “not proved sufficiently effective.”
He pointed to the Proceeds of Crime Act (POCA) 2022 as an important additional tool available to the agency, noting that NAFDAC is listed as a relevant organisation under the law.
“It is therefore time for NAFDAC to move beyond the traditional standard operating procedure of raiding markets and seizing fake or unwholesome goods without adequately tracing and recovering the assets of those responsible,” he said.
Aliyu also raised concerns about the safety of NAFDAC officials, who he said routinely face physical attacks, threats, and severe intimidation from organised counterfeit syndicates.
He said there may be a case for strengthening institutional collaboration between NAFDAC and the National Drug Law Enforcement Agency (NDLEA) or even a merger between the two bodies to enable NAFDAC to leverage the NDLEA’s stronger enforcement capacity where necessary.
The expert further called for the imposition of stiffer penalties, including the possibility of capital punishment, for those found culpable of counterfeiting offences.
