A Laws.Africa project
11 August 1989

Nigeria Government Gazette supplement dated 1989-08-11 number 47 part A

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                                                                                             A289
   Supplement to Official Gazette Extraordinary No. 47, Vol. 76, 1ith August,
                                                               19389—Part A

            COUNTERFEIT AND FAKE DRUGS (MISCELLANEOUS
                 ': . PROVISIONS) DECREE 1989




                                 Decree No. 17           .
                                                                  [See section 12]     Commence-~
                                                                                       ment,
         THE FEDERAL MILITARY GOVERNMENT hereby decrees as
  . follows :-—    FS
       1. Notwithstanding anything to the contrary contained in any law,               Prohibition
. - enactment, or the Constitution of the Federal Republic of Nigeria 1979, as         ofsale, etc,
   amended, any. person whodoes anyof the following things, that is to say—            of counterfeit
                                                                                       and fake
       (2) produces, imports, manufactures,sells, distributes, or is in possession     drugs.
      of ; or                           a           ,      —_
        (6) displays for the purpose of sale,
 ' any counterfeit, adulterated, banned or fake drug in any form whatsoever,
   shall be guilty of an offence under this Decree and shall be, accordingly,
   punished asstipulated in this Decree.          ee
       2.—{1) Any person who, without the permission of the appropriate                Prohibition
   authority—           So                                                             of sale, stc,
       (a) hawks orsells ; or —                                                        of drugs and
                                                                                       poisons in
       (2) displays for the purpose ofsale,                                            certain
                                                                                       premises or
     any drug or poison whatsoever in any open market, kiosk, motor. park,             places.
     roadsidestall, hus, ferry or any other means of transportation or in any
     otherplace not duly licensed or registered ‘for the purpose of sale and
     distribution of drugs orpoisons shall be guilty of an offence under this
     Decree andshall be, acco-dingly, punished as stipulated in this Decree.
       (2) Inthis section—        -
       . (a) reference to the “cppropriate authority” means reference. to the
       Minister of Health or any person or body authorised by him to give any
       required permission ; and                Cc
       (b) reference to “permission” includes licence orregistration.
       3.—(1) Any person who commits any offence under—                                Penalties,
    _. @) section 1 (2) or (8) of this Decree shall on conviction be liable to a       ete,
   ' fine not exceeding 34500,000 or to imprisonment for a term notless than
     5 years nor morethan 15 years or to both suchfine and imprisonment ;
   _    (8) section 2(1) (a) or (b) of this Decree shall on conviction be liable toa
     fine not exceeding $5,000 or toimprisonment for aterm not lessthan 2 years
  - or to both such fine and imprisonment.                                       :

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