Tinubu seeks repeal of Indian Hemp Act as Senate moves to overhaul NAFDAC laws

The Observer
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President Bola Tinubu has asked the Senate to repeal the Indian Hemp Act and the existing National Drug Law Enforcement Agency (NDLEA) Act as part of a proposed overhaul of Nigeria’s legal framework for combating illicit drugs. The legislative push coincides with a separate bill seeking to strengthen the regulatory powers of the National Agency for Food and Drug Administration and Control (NAFDAC).

While Tinubu’s proposed NDLEA Bill, 2026, seeks to consolidate existing laws on drug control, a separate bill sponsored by Senator Suleiman Sadiq seeks to repeal and re-enact the NAFDAC Act to address emerging public health challenges, strengthen enforcement, and align the agency’s operations with changing global regulatory standards.

In his correspondence to the Senate—read by Senate President Godswill Akpabio during Tuesday’s plenary—Tinubu explained that the NDLEA bill seeks to repeal the NDLEA Act, Cap. N30, and the Indian Hemp Act, Cap. I6, both contained in the Laws of the Federation of Nigeria, 2004.

The proposed legislation aims to establish a consolidated legal framework for enforcing laws against the cultivation, processing, trafficking, and use of illicit drugs, while empowering the agency to investigate persons suspected of involvement in drug-related activities.

Transmitted pursuant to Section 58(2) of the 1999 Constitution (as amended), the bill was referred to the Senate Committee on Rules and Business for further legislative action.

Also during plenary, Sadiq informed lawmakers that the existing NAFDAC law has become increasingly inadequate for contemporary public health challenges, despite the agency’s historical contributions to regulating food, medicines, and allied products.

He noted that the principal Act has served the country for several decades, establishing NAFDAC as one of Nigeria’s key public health regulatory institutions. According to him, the agency has played a vital role in protecting citizens through the regulation and control of food, medicines, cosmetics, medical devices, chemicals, packaged water, and related products.

While acknowledging that NAFDAC has helped curb counterfeit medicines, strengthen consumer confidence, and improve pharmaceutical regulation, the senator argued that emerging scientific innovations and increasingly sophisticated cross-border trade in fake products have exposed critical gaps in the existing legislation.

“The global regulatory environment has changed brilliantly [dramatically]. Scientific innovations have introduced new categories of regulated products. The cross-border movement of counterfeit products has become increasingly sophisticated,” he said.

Sadiq identified biotechnology, artificial intelligence, advanced medical devices, diagnostics, biological products, and active pharmaceutical ingredients as developments integral to modern healthcare delivery that are inadequately addressed—or entirely absent—from the current law.

“It has therefore become necessary not merely to amend isolated provisions, but to repeal the entire Act comprehensively so that a more forward-looking legal framework, capable of responding to present and future regulatory challenges, is enacted,” he said.

The senator explained that the proposed law would strengthen NAFDAC’s investigative and enforcement powers by authorising designated officers to inspect premises and vehicles, seize and detain illegal products, seal offending facilities, and obtain relevant orders from competent courts.

He added that the bill would revise the agency’s institutional structure, update the composition of its governing council, strengthen accountability mechanisms, and modernise funding and financial management arrangements.

According to him, the proposed changes would improve regulatory efficiency while ensuring that enforcement activities comply with due process and constitutional safeguards.

Sadiq noted that a comprehensive re-enactment would also improve legislative clarity, eliminate inconsistencies, and provide a more coherent framework for regulators, manufacturers, healthcare professionals, investors, and the courts.

“Ultimately, this bill is about protecting the lives and health of Nigerians, strengthening confidence in our healthcare system, promoting local manufacturing, facilitating legitimate commerce, improving regulatory efficiency, and ensuring that Nigeria’s food and drug regulatory framework remains responsive to evolving global realities and challenges,” he said.

Also transmitted to the Senate was the Nigerian Safety Investigation Bureau (NSIB) Amendment Bill, 2026, which seeks to expand the Bureau’s mandate beyond aviation to cover maritime and other transport occurrences.

The bill also proposes transferring NSIB’s oversight to the Presidency and strengthening its institutional, operational, and administrative frameworks. It was similarly referred to the Senate Committee on Rules and Business for further legislative action.

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