The National Agency for Food and Drug Administration and Control has announced what it considers a major victory in its fight against counterfeit products. The agency secured a five-year jail term for an Aba businessman who was caught manufacturing fake Goya oil. But there is a catch. The court also gave the businessman the option of a five million naira fine. And NAFDAC is celebrating this as a win.
This is a slap on the wrist dressed up as justice. A five million naira fine is pocket change for anyone involved in the counterfeit business. The profit margins in manufacturing and selling fake food items to millions of Nigerians are enormous. When a criminal can simply write a cheque for five million naira and walk out of the courtroom, the punishment is not a deterrent. It is a business expense.
NAFDAC is presenting this outcome as a triumph. The agency is hailing the conviction as proof that its enforcement mechanisms are working. But if this is what a victory looks like, then Nigerians should be terrified of what a defeat looks like. The message being sent to every other counterfeit manufacturer in Aba, Onitsha, and across the country is clear. You can poison the food supply, you can endanger public health, and if you get caught, the court will let you buy your freedom for the price of a mid-range SUV.
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The agency has spent years parading seized goods and destroying fake products in front of the cameras. But when it comes time for the actual prosecution, the system collapses. The courts are too slow, the penalties are too light, and the regulatory agencies are more interested in public relations than in real accountability. NAFDAC secured the conviction, but the court granted the option of a fine. Instead of appealing the sentence or demanding a harsher penalty, NAFDAC is popping champagne.
What does this mean for the average Nigerian who buys a bottle of Goya oil without knowing if it is real or fake? It means the government cannot protect them. The regulatory framework is a joke. The justice system is a marketplace where criminals can negotiate their way out of prison. And the agencies meant to be the last line of defense are celebrating the fact that they managed to get a fine.
If the government is serious about fighting counterfeits, the penalties must be devastating. The fine for manufacturing fake food and drugs should be in the hundreds of millions, not five million. The jail terms should be mandatory, with no option of a fine. The assets of the manufacturers should be seized and the proceeds used to fund public healthcare. Until that happens, NAFDAC is not winning a war. It is just managing a crisis while the criminals laugh all the way to the bank.
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