In this piece, AMEH EJEKWONYILO captures the frustrations and agony of members of the Nigeria Association of Patent and Proprietary Medicine Dealers (NAPPMED) in the hands of Pharmacy Council of Nigeria (PCN) as told by the association’s National President, Mr. Vincent Mammah, at a press conference with judiciary correspondents in Abuja at the weekend
Despite the principle of lis pendis in the administration of justice in Nigeria and world over, which compels parties in a suit before a court of law to maintain status quo pending the final determinationz of the issues submitted to the court for resolution, the Pharmacists Council of Nigeria (PCN) has continued to ‘confiscate’ and indulge in ‘wanton extortion’ of money from members of NAPPMED, Mr. Mammah alleged.
“In spite of all that we have been doing; trying to make sure that we sanitise the drugs distribution channels in Nasarawa state, and a pending case in court with them over their regulatory role, to ensure that we abide by the rules and regulation governing drugs distribution system in Nigeria, they came up with their own way of enforcing, judging and convicting our members on the spot.”
“Our members in Edo, Abia, Delta and several other states are being harassed; they came up and started sealing shops including pharmacy shops”, he lamented
Mammah further explained: “PCN invited all their ‘victims’ to the Federal Ministry of Health in Abuja. When I went there, I discovered to my amazement that they were not even after whether you had taken the normal steps; had gotten your license or whether you were stocking fake and counterfeit drug. That was not the case.
What they were after was whether you are operating a pharmacy or patent medicine store. Then they would ask you to pay N100, 000 in the case of a pharmacy shop while for patent medicine store you would be asked to pay N50, 000; after which your shop would be reopened.
“Why we are crying out is because, if they are doing these things in accordance with the law, then there would be no complaint against them.”
The NAPPMED boss said its members had always complied with the laid down rules for the acquisition of licenses to operate patent medicine shops, but wondered why they were being intimidated by the council.
He alleged that some of the private practitioners’ pharmacists were also among those inspecting and closing shops. “They are out to protect their profession; this is the only profession that brings along those that are private practitioners into the inspection team.”
“We don’t interfere in theirown business; we look up to them as people who should be professionals. We don’t have anything to do with them; we have our own body and hold separate meetings. We also follow our own separate procedure of laid down for operation.
At the briefing jointly held by the Secretary of Karu Local Government Branch of NAPPMED in Nasarawa state, Mr. Frank Ugwu, the duo called on the government to look into the plight of its members as occasioned by the activities of PCN in form of extortion of money from patent medicine dealers in the country.
Blueprint recalled that a Federal High Court in Abuja had fixed November 11 for mention in the suit against the Minister of Health by NAPPMED.
The plaintiff, NAPPMED is seeking to nullify, among others, the 2003 guidelines approved by the minister for the issuing of patent medicine vendors’ license.
Joined in the suit are the Health Minister, Pharmacists Council of Nigeria and the Attorney-General and Minister of Justice as first, second and third defendants, respectively.
It sought an order of perpetual injunction restraining the first and second defendants and all its branches from issuing patent and proprietary medicine vendors’ license under the 2003 guidelines.
NAPPMED also prayed the court for a perpetual injunction restraining the second defendant and its state branches from intimidating, harassing, arresting and/or closing its members’ shops or stores.
The association claimed that the issuance of guidelines on patent and proprietary medicines license in Nigeria was already enshrined under section 51 (2) of the Pharmacy Act, and covered by a judgment.
It would be recalled that the Chief Judge of the Federal High Court, Justice Ibrahim Auta, had on Sept, 24, 1996 delivered judgment in favour of the patent medicine vendors.
Auta had ordered thus: “Therefore, the action of the first defendant is null and void and the conditions prescribed by him or delegated to the second defendant to do is null and void and ultra-vires his
powers. “The second defendant cannot prescribe any condition for the grant of any license, just by making some guidelines and cannot repeal or amend the provisions of Sections 51(2) of the Pharmacy Act.”
NAPPMED said it had gone through a protracted legal battle with the defendants on the issue and Justice Auta’s judgment which was delivered in its favour, thereby, resolving the dispute.
It said that following the judgment which was not appealed, it entered into agreement with the first defendant on Dec. 22, 1997, transferring the issuance of the license to state ministries of health.