Nigerian Federal Court confirms FDA has power to regulate all chemicals

Nigerian Federal Court confirms FDA has power to regulate all chemicals

The Nigerian Federal High Court has confirmed that the National Agency for Food and Drugs Administration and Control (NAFDAC) has the power to regulate all chemicals in Nigeria, according to a report published by All Africa.

In a case filed by the United Chemical Company of Nigeria over the import and export of cement, Justice E A Obile, held that the import, export and use of all chemicals fall under NAFDAC’s remit, and its powers are not limited to pharmaceutical chemicals.

Section 5(a) of the NAFDAC Act grants the agency powers to regulate ‘food, drugs, cosmetics, medical devices, bottled water and chemicals’, and there is therefore ‘no ambiguity’, said Justice Obile; further, any attempt to state which chemicals the statute covers would amount to an amendment to the law, which is beyond the court’s power.

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