In the bid to exercise the power conferred on the Governing Council of the National Agency for Food and Drug Administration and Control (NAFDAC) by sections 5 and 30, and Control Act Cap NI Laws of the Federation of Nigeria (LFN) 2004, the agency’s leadership has banned the registration of alcohol in sachet and small volume and glass bottles below 200milliliters and above 30% alcohol by volume (ABV), in bid to reduce the availability and curb the abuse of alcohol in the country.
Though the agency has over the years been dilly-dallying
over the ban, of which not a few Nigerians have been urging the agency to
expedite action on its move to ban alcoholic drinks packaged in sachets and
small bottles across markets all over the country, but the agency would not
bulge to the pressure ostensibly due to its corollary fallout.
It would be recalled that the agency, unarguably worried in
September 2020, over the sale and consumption of alcoholic beverages in sachets
and small volume glass and Poly-Ethylene Terephthalate (PET) bottles,
particularly over the negative effects of irresponsible alcohol consumption on
public health, and on the safety and the security of the public issued a
statement on its readiness to place a ban on the products.
Prof. Moji Christianah Adeyeye, NAFDAC’s Director-General,
without doubt, at the time under reference, in a statement issued, also with
the support of the Federal Ministry of Health, expressed its concern on the
fact that alcohol is also a toxic and psychoactive substance with dependence
producing properties.
However, almost four years down the line since NAFDAC’s
leadership made its intention known to the public, close observers of the
agency have been applauding since the last few days for taking the decision it
has taken, particularly as the noxious products are indiscriminately been
consumed by young Nigerians in virtually every community, particularly at bus
stops and other public places, and on that grounds see nothing wrong with the
latest ban by the leadership of the agency.
They reiterated that the agency has not done bad in its
latest move, particularly when appraised from the perspective of the fact that
the damaging effect of alcohol is coming on the heels of NAFDAC’s the ban
specifically targets product that are above 30% ABV (30% Alcohol By Volume) as
well as for cancelling registration of containers below 200ml.
Without a doubt, the leadership of the agency, has for the
umpteenth times in its announcements been reaffirming its commitment to
implement stringent regulations against alcohol abuse nation-wide.
However, as soon NAFDAC made its decision to ban alcoholic
drinks in sachets and Pet bottles known to the public, members of the
Distillers and Blenders Association of Nigeria, said they are storming the
Lagos office of the regulatory body to protest against the ban.
The association’s reaction came shortly after the Director
General of NAFDAC, Prof Mojisola Adeyeye, announced that the agency would begin
the enforcement of the ban on the importation, manufacture, distribution, sale,
and use of alcoholic beverages in sachets, PET, and glass bottles of 200ml and
below.
In a similar vein, the Manufacturers Association of Nigeria
(MAN) has expressed deep concern over the recent ban imposed on spirit drinks
in sachets and PET bottles less than 200ml, and urged that the ban be reversed
immediately and replaced with regulations and better access controls.
MAN’s Director-General, Segun Ajayi-Kadir, pointed out that
when NAFDAC first proposed the ban, critical stakeholders including key members
of Distillers and Blenders Association of Nigeria (DIBAN) raised concerns in a
letter dated 6/11/2018.
According to MAN, DIBAN said then that NAFDAC’s assertion
that the packaging of alcoholic beverages in sachets and PET bottles is
responsible for the reported increase of alcohol use among the underage is
unfounded, adding that it is a reflection of a systemic problem of much wider
ramifications.
As indicated by the House of Representatives on the proposed
ban by NAFDAC on sachet alcohol drinks, the action might have run contrary to
the spirit and letter of the Constitution of the Federal Republic of Nigeria,
1999 (as amended), and runs against the Economic Recovery Plan of the current
administration.
The House of Representatives frowned at the ban on sachets
alcoholic drinks by the National Agency for Food and Drug Administration and
Control (NAFDAC) and therefore, resolved to investigate the basis and
circumstances surrounding the ban.
The resolution by the House followed the adoption of a
motion titled, “Need to Suspend the Ban Imposed by the National Agency for Food
and Drugs Administration and Control (NAFDAC) on the Production of Beverages in
Sachets and Small Bottles in Nigeria moved by Rep. Paschal Agbodike (APGA,
Anambra), Rep. Philip Agbese (APC, Benue) and others
While presenting the motion Agbodike, noted that Section
4(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),
empowers the National Assembly to make laws for the order and good government
of the Federation or any part thereof.
Adding that Sections 88(1) and (2) of the Constitution of
the Federal Republic of Nigeria, 1999 (as amended), empowers the National
Assembly to conduct investigations into the activities of any authority
executing or administering laws made by the National Assembly including
National Agency for Food and Dmg Administration and Control (NAFDAC).
The lawmaker also pointed out that NAFDAC had announced its
decision to stop the registration of beverages in small sachets and bottles in
January 2024 when the Director-General of the Agency informed the public that
the agency would ensure that the validity of renewal of already registered
products will not exceed January 2024.
“The decision to ban the registration of beverages in small
sachets and bottles runs counter to the spirit and letter of the Constitution
of the Federal Republic of Nigeria, 1999 (as amended), and runs against the
Economic Recovery Plan of the current administration,” he said.
He, therefore, expressed concern that given the numerous
economic challenges confronting poor Nigerians, the ban on the production of
the said beverages will cause more havoc and cause job losses for over 50% of
the workers in Nigeria.
“The need to encourage the sustainability of Small and
Medium Enterprises (SMEs), which are the greatest employer of labour in
Nigeria, employing over 84% of the workforce in Nigeria, NAFDAC’s policy to
place a ban on the production of beverages in small sachets and bottles will be
counterproductive,” he declared.
“The decision to place a ban on the production of beverages
in small sachets and bottles will encourage unscrupulous elements to go about
the production of such drinks and products without recourse to NAFDAC.
“The ban on the registration of beverages in small sachets
and bottles will work more hardship on Nigerians whose livelihoods come from
the production and sale of such beverages and will, in the long run, plunge
more Nigerians into unemployment and economic hardship and cause them to suffer
more in view of the current subsidy removal regime”
Despite the resistance the ban has stirred, NAFDAC has also
been commended for going ahead to deal with the difficult situation in a very
direct or confident way, particularly for taking the bull by the horns.
For instance, Mr. Amos Okezie, a trader described the ban as
“A welcome development” as he says it would help in curbing the abuse of
alcohol by minors, “even as the move is capable engendering a healthier
society”.
“I drink alcohol myself. But I feel the ban is a good one.
It will check the abuse of alcohol by some people, particularly the minors.
“Do you know that people I meet here instead of asking me
for money to eat, ask me for N100 to N200 to buy alcohol? I do not oblige them.
Maybe when they do not see the money to drink, it will reduce their drinking,”
he said.
Also speaking, Peter Megbon expressed satisfaction over the
ban, lamenting that some youths have drunk themselves to death due to the fact
that they could buy the beverages for an affordable price.
“Because it is cheap, they keep buying. For example, they
will come in the morning to buy N100 worth of the drink. In the afternoon and
evening, they do the same. They don’t know that they are drinking their lives
away,” he said.
Meanwhile, the members of the Distillers and Blenders
Association of Nigeria have stated that they will storm the office of NAFDAC in
Lagos to protest the ban.