53,000 Nigerians Die Annually from Foodborne Diseases, Says FG

Nigeria faces a severe public health crisis, with the Federal Government reporting over 53,000 annual deaths from foodborne diseases, disproportionately affecting children under five. This alarming statistic underscores critical deficiencies in the nation's food safety infrastructure and regulatory enforcement. This article examines the existing legal and institutional frameworks designed to safeguard food safety in Nigeria, including the roles of NAFDAC, SON, and the Federal Ministry of Health, alongside key legislation such as the NAFDAC Act and the Food, Drugs and Related Products (Registration, etc.) Act. It further analyzes the challenges in effective implementation and enforcement, particularly in informal markets and in proving liability in food poisoning cases, while highlighting the potential impact of the pending National Food Safety and Quality Bill.

Nigeria grapples with a profound public health challenge, as the Federal Government recently disclosed that foodborne diseases claim the lives of over 53,000 Nigerians annually, with more than 80% of these fatalities occurring among children under the age of five. This stark revelation, reported by This Day Nigeria, casts a critical spotlight on the efficacy of the nation's food safety systems and the urgent need for robust legal and regulatory interventions. The pervasive nature of unsafe food not only poses an immediate threat to human life but also has far-reaching implications for economic productivity, trade, and overall national development.

The high mortality rate from preventable foodborne illnesses signals a systemic failure in ensuring the safety and quality of food consumed across the country. For legal practitioners, this issue presents a complex interplay of public health law, consumer protection, product liability, and regulatory compliance. Understanding the existing legal architecture, its enforcement mechanisms, and inherent challenges is crucial for advising clients in the food industry, advocating for consumer rights, and contributing to policy reforms aimed at mitigating this crisis.

This article will delve into Nigeria's current legal and institutional framework for food safety, critically analyzing the roles of key regulatory bodies and the provisions of relevant statutes. It will explore the practical difficulties in enforcing these laws, drawing on insights from case law concerning product liability, and discuss the anticipated impact of proposed legislative reforms. Ultimately, it aims to provide legal professionals with a comprehensive overview of the landscape and its implications for practice.

Nigeria's food safety landscape is governed by a multi-sectoral approach involving various federal, state, and local government agencies, underpinned by a collection of statutes and policies. Historically, the Public Health Ordinance of 1917, later revised as Cap 165 of 1958, laid some of the earliest foundations for food safety legislation. Over the years, this framework has evolved to include specialized bodies and more comprehensive laws. The primary federal agencies with significant mandates in food safety include the National Agency for Food and Drug Administration and Control (NAFDAC), the Standards Organisation of Nigeria (SON), and the Federal Ministry of Health (FMoH).

NAFDAC, established by the NAFDAC Act Cap N1 LFN 2004, is the central authority responsible for regulating and controlling the manufacture, importation, exportation, distribution, advertisement, sale, and use of food, drugs, cosmetics, medical devices, packaged water, chemicals, and detergents. Its functions include conducting tests, ensuring compliance with standard specifications, inspecting production premises, and combating counterfeit products. Complementing NAFDAC's role, the Standards Organisation of Nigeria (SON), established by the SON Act 2015, is tasked with standardizing and regulating the quality of all products in Nigeria, including food items, by setting industrial standards and certifying products. The Federal Ministry of Health, through its National Policy on Food Safety and its Implementation Strategy (NPFSIS) 2014, is responsible for formulating national policies, guidelines, and regulations on food safety, as well as monitoring and evaluating their implementation. Additionally, the Food, Drugs and Related Products (Registration, etc.) Act Cap F33 LFN 2004 prohibits the dealing in unregistered processed food and related products, establishing a registration committee to evaluate and advise on product safety.

Despite the existence of a multi-agency regulatory framework and several legislative instruments, the persistent high incidence of foodborne diseases in Nigeria points to significant challenges in enforcement and coordination. One of the primary issues is the overlapping mandates among various agencies, which can lead to inefficiencies, jurisdictional disputes, and gaps in oversight. While the NPFSIS 2014 aimed to harmonize existing laws and coordinate food control infrastructures, its full potential has been hampered by the delay in enacting the comprehensive National Food Safety and Quality Bill.

The National Food Safety and Quality Bill (FSQB), drafted in 2016 and passed by the Senate in December 2022, is a crucial proposed reform designed to modernize and integrate Nigeria's food safety legislation. If enacted, it aims to streamline regulatory oversight, enhance consumer confidence, and establish general principles for official control of food and feed safety. This bill is expected to address some of the deficiencies and gaps in the current system, particularly concerning the informal food sector, which accounts for a significant portion of food distribution and consumption in Nigeria but often operates outside stringent regulatory scrutiny.

Enforcement in Nigeria is further complicated by the prevalence of informal markets, where standards are often not adequately enforced due to limited resources, inadequate infrastructure, and a lack of public awareness regarding food safety rights. From a litigation perspective, proving product liability or negligence in food poisoning cases remains a formidable challenge for plaintiffs. Nigerian courts, while recognizing the manufacturer's duty of care as established in principles like *Donoghue v Stevenson*, often demand a high standard of proof for a direct causal link between the consumed food product and the illness. Past cases, such as *Boardman v Guinness (Nig) Ltd* [1980] NCLR 109 and *Okonkwo v Guinness (Nig) Ltd* [1980] 1 PLR 581, illustrate the difficulty in succeeding if the product might have been tampered with or if other potential sources of contamination cannot be conclusively ruled out. This judicial stance places a substantial burden on victims, often discouraging legal recourse and inadvertently perpetuating a cycle of non-compliance by some food business operators.

Moreover, the existing laws, such as the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act Cap C34 LFN 2004, provide for penalties against the sale of unwholesome products. However, the effectiveness of these penalties is contingent on diligent enforcement and the ability to successfully prosecute offenders. The Federal Competition and Consumer Protection Act (FCCPA) 2018 also offers avenues for consumer protection against unsafe products and misleading practices, but consumer awareness and access to justice remain critical hurdles. The ongoing efforts by the Federal Ministry of Health to implement a science-driven food safety roadmap, including revised policies and guidelines for foodborne disease surveillance, indicate a recognition of these systemic issues and a commitment to a more evidence-based approach.

The staggering annual death toll from foodborne diseases in Nigeria underscores a critical public health emergency that demands immediate and concerted action from all stakeholders. While a legal and institutional framework exists, its fragmentation, enforcement challenges, and the complexities of proving liability in court have hindered its effectiveness. The anticipated enactment of the National Food Safety and Quality Bill is a pivotal development that promises to harmonize regulations, clarify responsibilities, and strengthen the overall food safety control system, particularly in the vast informal sector.

For legal practitioners, the implications are significant. There is an increasing need for specialized expertise in food law, regulatory compliance, and product liability litigation. Attorneys advising food businesses must emphasize stringent adherence to NAFDAC and SON standards, robust quality assurance systems, and clear labeling to mitigate legal risks. Furthermore, there is a growing role for legal professionals in advocating for stronger consumer protection, facilitating access to justice for victims of foodborne illnesses, and contributing to the ongoing legislative reform process. Monitoring the progress of the National Food Safety and Quality Bill and subsequent subsidiary legislation will be crucial, as its implementation is expected to reshape the regulatory landscape and potentially lead to increased enforcement actions and litigation in the pursuit of a safer food supply for all Nigerians.