Adulterated Drugs and Consumable Products: Should Culprits Face Death Penalty?

For years, Nigeria has faced the proliferation of fraudulent and substandard products, ranging from medicine to food and drink items. The consequences of these activities include overstretched dialysis centers and countless preventable deaths. In response, the National Assembly is considering legislation that would impose the death penalty on those responsible.

The debate centers on whether this punishment is appropriate and proportionate. The current law, the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act, prohibits the sale and distribution of counterfeit, adulterated, and banned drugs and unwholesome processed foods. However, critics argue that existing sanctions have proven insufficient to deter this harmful trade.

Supporters of capital punishment point to retribution and incapacitation, along with public demand for decisive action. The constitutionality of the proposed death penalty has been examined, noting that the right to life is guaranteed by the Constitution, with an exception for the execution of a death sentence imposed by a court.

The legislative competence of the National Assembly is also considered, as drugs and poisons fall under the Exclusive Legislative List. However, the federal authority over food, drinks, and cosmetics presents a more nuanced constitutional question. To address this, the legislation should focus on products subject to Federal regulatory oversight, including those regulated by NAFDAC, and those involved in inter-State or international trade.

Precision in defining offences is crucial, as is the consideration of the death penalty's consistency with the prohibition of torture and inhuman or degrading treatment. Ultimately, the death penalty should be reserved for the most severe forms of criminal culpability.