Lawyer Liborous Oshoma has voiced strong support for the phased ban on sachet alcoholic drinks, warning that the Office of the Secretary to the Government of the Federation (SGF) cannot override the statutory authority of National Agency For Food And Drug Administration Control, NAFDAC.
In an interview with ARISE NEWS on Tuesday, Oshoma emphasised that the ban, initially endorsed by stakeholders, is necessary not only for environmental reasons but also to address public safety concerns, particularly road accidents linked to easy alcohol consumption.
“Apart from the environmental issue, let me start from there, is the fact that I was driving on my way here. I saw a driver with a sachet of one of these drinks in his mouth driving, And also, now let’s go to the law. The Secretary to the Government of the Federation is appointed under Section 171 of the Constitution by the President, NAFDAC is a regulator. The Office of the Secretary to the Government of the Federation has no business, no relationship at all with NAFVAC.”
Oshoma explained that NAFDAC derives its powers from Sections 5, 28, and 31 of its enabling Act, which empower it to administer and regulate food and related products. “If you look at Section 5 and 31 of the NAFDAC Act, it empowers NAFDAC to administer and regulate consumption of food and related products. So, Section 28 of that Act puts the regulation or the supervisory powers of NAFDAC squarely at the doorstep of the Minister, not even to dictate to them. But in terms of policy regulation, the Minister can give instructions. So, NAFDAC is a regulator. And the Office of the Secretary to the Government of the Federation has no business, no relationship at all with NAFDAC. And that’s why there is a regulator. And so, the Office of the Government of the Federation is issuing a directive to NAFDAC to stop implementation of the decision, which collectively by stakeholders, The Government of the Federation, Secretary of the Government of the Federation, if he has any concern, to direct such concerns to the Minister of Health, and that minister will look at these concerns and address it with stakeholders, address it to the regulator, not for you to just give a blanket instructions.”
He recounted that the moratorium on sachet alcohol began two years ago to allow producers to sell off existing stock. “And mind you also, lastly on this, most times it is to implement the decisions of the Federal Executive Council and not to reach down the neck of a regulator. Because if we continue like this, it means that as a regulator, government can just wake up. If you try to regulate any product, government can just wake up and say, no, don’t do that. Then we are creating super human beings rather than creating institutions that we truly want to build. This issue started about two years ago, and the moratorium period was granted to enable stakeholders and producers to sell off old stocks, At every turn, there’s the allegation of going to beg some government officials. And it’s only here, unfortunately, that even when we have the lines, when lines are clear, when supervisory rules are very clear, we still have certain persons who will sit down and believe that they can act or traverse the rules and regulations.”
Highlighting the importance of enforcement, Oshoma commended NAFDAC for its steadfast approach. “You know, government is a collaborative effort. I believe, like, not too long ago, this year, we saw how NAFDAC had consistently bricked down the neck of pharmaceutical dealers in Idukmoda to say, look, this environment is not conducive for selling, you know, pharmaceutical products. And I think that NAFDAC, I like the fact that they have, they are adamant and they have decided to go headlong. Because they do not, it’s like, it’s like me coming to give you five instructions here and say, look, I have been sent. I like that fact. And then also, it is not just enough to say we have a ban. Because the problem with us as a people is not policies. It is implementation of the policy. There’s needs, even though we don’t have record, there’s needs to go that hog of even IDing people who can afford drinks. Because also, and then those who can sell.”
Oshoma stressed that public education and collaboration with stakeholders are critical to protecting vulnerable populations. “Section 17.3 of the Constitution actually empowers government to protect the children and the vulnerable. So in protecting them, it is not enough to just ban. It is also enough to collaborate with all stakeholders.”
On the data supporting the ban, Oshoma challenged NAFDAC to produce empirical evidence linking sachet alcohol to road accidents. “Give me, if NAFDAC, maybe if you can be liberal, if NAFDAC can give me the data set that correlates sachet alcohol drinking with the increase in accidents, I will be the first, On my way here, a driver driving a bus with such a drink in his mouth that’s, for me, that’s a blessing.”
He warned that allowing the SGF to interfere would set a dangerous precedent for regulators. “So my advice to NAFDAC really is, the office, they do not report to the office of the Secretary of the Government of the Federation. It’s a rabble rouser. Who would they listen to? Navdak or SGF? Isn’t it the security? NAFDAC. Will you now,Can the office of the Secretary of the Government of the Federation stop Navdak from performing his statutory functions?”
Oshoma also pointed out the environmental hazards posed by sachet alcohol packaging, comparing it to the regulation of bottled water. “Like I said, the hazard of this subject to the environment is much more than enough. We’re talking about, let’s use the data for such a water production that Lagos State has banned. In fact, you have just made my point for me. Pet bottles are the greatest danger. Even worse than, You see these pet bottles, you see?”
As Nigeria approaches the ban’s December 31 deadline, Oshoma urged full compliance and public awareness. “For us to clean our environment, for us to have a sane society, like we always say in Sena Climes, we’ll have to take one step at a time. And my advice to Navdak really is, the office, they do not report to the office of the Secretary of the Government of the Federation.”
Erizia Rubyjeana
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