Community Pharmacists of Nigeria (ACPN) has cried to Benue State Governor Hyacinth Alia over the raid and sealing of its members’ premises by the state Ministry of Trade and Investment over business registration fees.
In a letter to the governor, ACPN national chairman, Ambrose Ezeh and secretary, Omokhafe Ashore, said officials of the Ministry of Trade and Investment, accompanied by policemen stormed some pharmaceutical facilities in Makurdi, the state capital and in Oturkpo, demanding the payment of ‘’unauthorised commerce and Industry levy”.
Ezeh said the officials sealed the premises for alleged non-compliance.
The association further said the state officials locked the pharmacists and their workers inside the premises for over seven hours, and were ‘’released after the intervention of some residents.
It described the action of the officials as ‘’illegal and contrary to existing pharmacy and drug laws in Nigeria.
In the letter, ACPN said that a ‘’group of 20 officials from the Ministry of Trade and Investment, accompanied by 10 policemen, stormed pharmaceutical facilities on Wednesday, January 29, 2025. The agents reportedly demanded payment of an unauthorised commerce and industry levy” and subsequently sealed the premises for alleged non-compliance. Pharmacists and their staff were forcibly locked inside the premises from 11:00 a.m. to 7:00 p.m. until their release was secured through the intervention of concerned citizens.
‘’It is a violation of due process as articulated by the Joint Tax Board for two different agents of government (Federal and State government) to subject any entity to multiple taxes on a particular endeavour’’. Continuing, it body of pharmacists stated: ‘’As clearly enunciated by the victims of the unlawful act of the State Ministry of Commerce and Investment, all pharmaceutical premises in Nigeria pay the Pharmacy Council of Nigeria a body corporate and parastatal of the Federal Ministry of Health a fee for the certificate of pharmaceutical premises where they operate based on extant pharmacy laws’’.
But in a swift response, the ministry’s director of trade, Dr Emmanuel Onah said, “I want to state clearly that the contents of the letter does not in any way addressed the matter in question, and we are operating according to the law passed by the Benue State House of Assembly and signed into law by the governor.
He said, “The ministry mandate is the regulation of ALL commercial activities by individuals, firms and companies in the state with regards to the registration of their business places (business premises) and annual renewal. This is in line with Registration of Business Place Law of 1979 as amended 1984, 2010, 2015, 2022 &2022.”
“The law exempted NGOs and government-owned businesses only. It further states that businesses in operations before its enactment have 28 days within which they are to register their business premises (place) but 21 days for business that commenced after its coming into being. To this effect, beyond the 21 days, such business is in default for non-registration and non-renewal (if it has operated for more than one year),” he said.
ACPN further argued that, ‘’fundamentally, agents of State governments and Local Government Areas have no regulatory powers or roles to exercise on Pharmacy Practice in Nigeria. This is premised on the reality that drug matters are listed as item 21 in part 1 of the 2nd schedule in the 1999 Constitution.’’
To buttress its position on the matter, ACPN emphasised that, ‘’it is only the National Assembly that makes laws regulating pharmacy and drug matters in Nigeria, while the Federal Ministry of Health through its agencies like Pharmacy Council of Nigeria, National Agency for Food and Drug Administration and Control (NAFDAC) and others are the entities empowered by law to enforce Acts of parliament made by the National Assembly.
“For the record, only the Federal High Court can successfully adjudicate on cases pertaining to Pharmacy Practice in Nigeria,’’ Ezeh said.
ACPN called on Governor Alia to compel the commissioner for justice and attorney-general to investigate the incidents and direct the affected ministry and other agencies to “desist forthwith from imposing fees or attempting to regulate pharmacy practice in Benue State under whatever guise.’’
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