AT the Federal High Court sitting in Calabar, Cross River State before Hon. Justice E. A. Obile has dismissed a suit filed by UNICEM, a cement manufacturing company, challenging the powers of the National Agency for Food and Drug Administration and Control (NAFDAC), to regulate and control the exportation, importation, manufacture, advertisement, distribution, sale and use of chemicals in Nigeria. 

The Hon. Justice Obile, while delivering judgment, held that the agency has the powers to regulate and control the exportation, importation, manufacture, advertisement, distribution, sale and use of chemicals in Nigeria. 

He said that in Section 5(a) of the NAFDAC Act, it is clear and undisputable that NAFDAC has powers to regulate use of food, drugs, cosmetics, medical devices, bottled water including chemicals. UNICEM, a cement manufacturing company, had filed a suit against NAFDAC on September 22, 2011, claiming among other reliefs, that NAFDAC lacks the powers under the National Agency for Food and Drug Administration and Control (NAFDAC) Act to regulate the importation or exportation of Portland cement ‘clinker’ as same is not a chemical for the purpose and intendment of the NAFDAC Act. 

However, while resolving the issue, the court considered the functions and powers of NAFDAC as enshrined in Section 5(a) of the NAFDAC Act which provides that “NAFDAC shall have the following functions, that is, to regulate and control the importation, exportation, manufacture, advertisement, distribution, sale and use of food, drugs, cosmetics, medical devices, bottled water and chemicals.” 

In his judgment, Justice Obile held that cement clinker is a chemical. He held that there is no ambiguity in Section 5(a) of the NAFDAC Act.

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