Poison and Pharmacy

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Dispensing dangerous drugs Paras. 2001,2002

POISON AND PHARMACY

(1) DISPENSING DANGEROUS DRUGS

2001. Dispensing dangerous drugs without the control of a qualified dis-

penser.

(1) “Section 37 of the same Act. The Poisons and Pharmacy Act (Cap. 152 of the

Laws of the Federation) as amended by the Pharmacists Act (No. 26 of 1964) pro-

vides further as follows: - (1) Nothing in this Act contained shall operate to prevent

any body corporate, a company as defined in the Companies Act or a firm as defined

in the Registration of Business Names Act, carrying on a business which comprises

the dispensing or selling of any drug or poison within the meaning of this Act from

carrying on such business if the following conditions are complied with:- (a) in all

premises where the business is carried on, the business must, so far as concerns the

dispensing or sale of drugs or poisons, be carried on under the direct personal control

and management of a superintendent who is a selling dispenser or a chemist and

druggist: (b) every sale of poison must be effected on behalf of such body corporate,

company or firm by a person who is a selling dispenser or a chemist and druggist; and

(c) no drug or poison shall be mixed, prepared, compounded or dispensed on behalf

of such body corporate, company or firm except by a dispenser or chemist and

druggist.”(Bracket supplied) - Per Fatai-Williams, J.S.C. in Pharmacists Board v.

Adebesin & Co. Ltd. Suit No. SC 176/1976; (1978) 11 N.S.C.C. 300 at 303.

(2) “Without doubt, the mischief which the act is meant to prevent, and which the

provisions of Section 37 clearly covers, is that incorporated companies such as S.O.

Adebesin and Co. Ltd. (applicant/respondent), should not be allowed to dispense or

sell dangerous drugs or poisons to the public in any of their premises unless a quali-

fied dispenser or chemist is in direct personal charge and control of each of those

premises most of the time. To hold otherwise, as the learned trial Judge has done, will

make nonsense of the whole legislation which, although inelegantly drafted, still makes

sense and does not create much difficulty in construing.” - Per Fatai-Williams, J.S.C.

in Pharmacists Board v. Adebesin & Co. Ltd. (1978) 11 N.S.C.C. 300 at 311.

(2) PHARMACIST BOARD OF NIGERIA

2002. Refusal of registration under the Poisons and Pharmacy Act.

(1) “Section 22 subsections 1, 2, 3, 5 and 6 provide as follows: - (1) Every selling

dispenser or chemist and druggist shall cause all the sets of premises where his

business is being carried on to be registered under this section. (2) An application for

registration under this section shall be made in the manner prescribed by regulations,

and it shall be the duty of the Registrar to keep, in accordance with the provisions of

the regulations, a register for the purposes of this section, in this Act referred to as

the register of premises and, on payment of such fee as is hereinafter provided, to

enter therein all sets of premises in respect of which an application for registration is

duly made. (3) On an application for registration under this section, there shall be

payable such fee in respect of the registration of any set of premises, as may be

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