The Nigeria Employers’ Consultative Association (NECA), Standards Organisation of Nigeria (SON) and the Federal Ministry of Health have opposed the proposed legislation expanding NAFDAC’s regulatory responsibilities, citing institutional conflicts.
The stakeholders raised concerns during a public hearing on the proposed Food, Medical Products and Related Products (Registration, Etc.) Bill, 2026, currently before the Senate.
The bill, sponsored by Sen. Sadiq Suleiman (APC-Kwara), passed second reading on July 21, and seeks to repeal the Food, Drugs and Related Products Act, 2004.
NECA in its submission to the Senate Committee on Health, urged lawmakers to exclude tobacco products, warning that additional regulatory requirements could undermine businesses and investment confidence.
Director-General, NECA, Adewale-Smart Oyerinde argued that extending the proposed framework to tobacco products would overlap with the National Tobacco Control Act, 2015, and National Tobacco Control Regulations, 2019.
He also identified potential conflicts with the Standards Organisation of Nigeria Act, 2015, warning that overlapping mandates could create confusion among NAFDAC, SON, the ministry and Customs.
According to him, parallel registration requirements, duplicated approvals and conflicting enforcement decisions can increase compliance costs, create uncertainty and disrupt legitimate business operations.
Oyerinde emphasised that tobacco products constituted a distinct regulatory category already governed by dedicated legislation, making their inclusion in the proposed bill unnecessary.
The DG also questioned provisions granting additional powers over registration, suspension, seizure and factory operations, warning that inadequate safeguards could encourage excessive administrative discretion.
He urged lawmakers to review the proposed ceiling-list mechanism, strengthen institutional coordination and establish clear safeguards against unilateral regulatory decisions affecting businesses.
Representing the ministry of health, Dr Adebisi Adegoke, Director of Hospital Services, also expressed reservations, citing possible regulatory conflicts and overlapping responsibilities among government institutions.
He recommended deferring consideration of the bill to allow further consultations with affected stakeholders and ensure alignment with existing health regulations and responsibilities.
