Use/Display of Hand Sanitizers without NAFDAC Number is a Crime! 

Use/Display of Hand Sanitizers without NAFDAC Number is a Crime!  Daily Law Tips (Tip 750) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction:  

To combat the rising cases of Coronavirus infection in Nigeria, the President of Nigeria has made a new federal regulation on COVID-19 with effect from 26 January 2021. The regulation criminalizes several actions and inactions that violate COVID-19 protocols. The regulation also specified the standard of hand sanitizers to be used across Nigeria. And, the use/display of Hand Sanitizers without NAFDAC Number is a Crime in all parts of Nigeria.

COVID-19 & THE NAFDAC  approved Hand Sanitizers:

By the new COVID-19 Regulation, no person can be allowed within the premises of a market, mall, supermarket, shop, restaurants, hotels, event centers, gardens, leisure parks, recreation centers, motor parks, fitness center or any other similar establishment, unless the person is wearing a face mask, has his temperature checked and washes his hand or cleans it with a NAFDAC approved hand sanitizer.

NAFDAC is the National Agency for Food and Drug Administration and Control, a federal government agency that regulates food and drugs across Nigeria. Obviously, soaps and hand sanitizers are under the regulation of NAFDAC. To ensure there are no use of fake hand sanitizers, the Regulation has approved use of hand sanitizers recognized by NAFDAC.

To ensure that all persons are given opportunity to wash their hands or use hand sanitizers, the COVID-19 Regulations, mandates every occupier of an establishment to make provision for regular hand hygiene for any person coming into the premises during opening hours. This includes a hand washing station with soap and running water, or hand sanitizer approved by NAFDAC. Like above, establishment includes market, mall, supermarket, shop, restaurants, hotels, event centers, gardens, leisure parks, recreation centers, motor parks, fitness center or any other similar establishment.

Conclusion: 

Use of a fake hand sanitizer is the use of no hand sanitizer. To ensure that there is maximum hygiene, only hand sanitizers with NAFDAC approval are approved to be displayed and used in public places. Hence, the use/display of Hand Sanitizers without NAFDAC Number is a Crime across Nigeria. To ensure compliance, there is a punishment for any person that violates any part of the COVID-19 Regulations. By the Coronavirus Disease (COVID-19) Health Protection Regulations 2021, any violation is a criminal offence and punishable with imprisonment for six (6) months or a fine of not more than Two Hundred Naira (N200.00) (that is less than $1).  The fine is too poor, so the federal legislature should increase it ensure deterrence.

My authorities, are:

1. Sections 1, 2, 3, 4, 5, 6, 36, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Sections 1, 2, 3, 4, 5, 7 and 8 of the Quarantine Act of 1926.
3. Regulations 5, 6, 7, 8, 10, 15, 18, 24, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 42 of the Coronavirus Disease [COVID-19] Health Protection Regulations 2021
4. Onyekachi Umah, “The Law Officers for COVID-19 Enforcement” (LearnNigerianLaws.com, 1 March 2021) <https://sabilaw.org/the-law-officers-for-covid-19-enforcement/> accessed 5 March 2021.
5. Onyekachi Umah, “Why the Poor Fine of N200.00 for Not Wearing Face Mask Can’t Change” (LearnNigerianLaws.com, 11 February 2021) <https://sabilaw.org/why-the-poor-fine-of-n200-00-for-not-wearing-face-mask-cant-change/> accessed 26 February 2021.
6. Onyekachi Umah, “N200.00 is the Highest Fine for Not Wearing Face Mask.” (LearnNigerianLaws.com, 4 February 2021) <https://sabilaw.org/n200-00-is-the-highest-fine-for-not-wearing-face-mask/> accessed 10 February 2021.
7. Onyekachi Umah, “Not Wearing a Face Mask Is Now A Crime” (LearnNigerianLaws.com, 29 January 2021) <https://sabilaw.org/not-wearing-a-face-mask-is-now-a-crime/> accessed 2 February 2021.
8. Onyekachi Umah, “Failure To Wear Nose Mask Is Not An Offence In Nigeria.” (LearnNigerianLaws.com, 28 April 2020) <https://sabilaw.org/failure-to-wear-nose-mask-is-not-an-offence-in-nigeria-daily-law-tips-tip-557-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
9. Onyekachi Umah, “Nigeria Has No Law Against Public Gathering During COVID-19 Era.” (LearnNigerianLaws.com, 14 April 2020) <https://sabilaw.org/nigeria-has-no-law-against-public-gathering-during-covid-19-era-daily-law-tips-tip-547-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
10. Onyekachi Umah, “Is There a Quarantine Act Made in 2004, After That of 1926 in Nigeria?” (LearnNigerianLaws.com, 5 May 2020) <https://sabilaw.org/is-there-a-quarantine-act-made-in-2004-after-that-of-1926-in-nigeria-daily-law-tips-tip-562-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
11. Onyekachi Umah, “Court That Can Try Cases On Quarantine And Lockdown In Nigeria.” (LearnNigerianLaws.com, 23 April 2020) <https://sabilaw.org/court-that-can-try-cases-on-quarantine-and-lockdown-in-nigeria-daily-law-tips-tip-554-by-onyekachi-umah-esq-llm-aciarbuk-2/> accessed 28 January 2021.
12. Onyekachi Umah, “Punishment For Violation Of The COVID-19 Regulations Or The Quarantine Act.” (LearnNigerianLaws.com, 6 April 2020) <https://sabilaw.org/punishment-for-violation-of-the-covid-19-regulations-or-the-quarantine-act-daily-law-tips-tip-541-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021
13. Onyekachi Umah, “Illegality Of Covid-19 Regulations Of 2020 And The Toothless Quarantine Act Of 1926” (LearnNigerianLaws.com, 1 April 2020) <https://sabilaw.org/illegality-of-covid-19-regulations-of-2020-and-the-toothless-quarantine-act-of-1926-daily-law-tips-tip-538-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
14. Onyekachi Umah, “How To Legally Declare State Of Emergency Over Covid-19 In Nigeria Or Any State.” (LearnNigerianLaws.com, 15 May 2020) <https://sabilaw.org/how-to-legally-declare-state-of-emergency-over-covid-19-in-nigeria-or-any-state-daily-law-tips-tip-570-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021
15. Onyekachi Umah, “Can “NCDC” Make Regulations For Nigeria?” (LearnNigerianLaws.com, 29 April 2020) <https://sabilaw.org/can-ncdc-make-regulations-for-nigeria-daily-law-tips-tip-558-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
16. Onyekachi Umah, “Management and Disposal of COVID-19 Corpses in Nigeria.” (LearnNigerianLaws.com, 27 April 2020) <https://sabilaw.org/management-and-disposal-of-covid-19-corpses-in-nigeria-daily-law-tips-tip-556-by-onyekachi-umah-esq-llm-aciarbuk/> access 28 January 2021.
17. Onyekachi Umah, “COVID-19 and Landlords: Can Government Force Landlords Not To Eject Tenants?” (LearnNigerianLaws.com, 15 April 2020) <https://sabilaw.org/covid-19-and-landlords-can-government-force-landlords-not-to-eject-tenants-daily-law-tips-tip-548-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
18. Onyekachi Umah, “Punishment For Price Increment During COVID-19 Lockdown In Lagos State.” (LearnNigerianLaws.com, 13 April 2020) <https://sabilaw.org/punishment-for-price-increment-during-covid-19-lockdown-in-lagos-state-daily-law-tips-tip-546-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
19. Onyekachi Umah, “Persons That Must Provide Medical Equipment For COVID-19.” (LarnNigerianLaws.com, 10 April 2020) <https://sabilaw.org/persons-that-must-provide-medical-equipment-for-covid-19-daily-law-tips-tip-545-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
20. Onyekachi Umah, “Can An Offender Be Convicted Under The Lagos State Infectious Diseases Regulations Or Other States’ Regulations?” (LearnNigerianLaws.com, 9 April 2020) <https://sabilaw.org/can-an-offender-be-convicted-under-the-lagos-state-infectious-diseases-regulations-or-other-states-regulations-daily-law-tips-tip-544-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
21. Onyekachi Umah, “The COVID-19 Laws In States Or State Of Emergency: Best Tool In Fighting Coronavirus?” (LearnNigerianLaws.com, 8 April 2020) <https://sabilaw.org/the-covid-19-laws-in-states-or-state-of-emergency-best-tool-in-fighting-coronavirus-daily-law-tips-tip-543-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
22. Onyekachi Umah, “House Rent And COVID-19: Can Landlords Evict Tenants?” (LearnNigerianLaws.com, 7 April 2020) <https://sabilaw.org/house-rent-and-covid-19-can-landlords-evict-tenants-daily-law-tips-tip-542-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
23. Onyekachi Umah, “Shooting Of Isolation Centers’ Escapees Is Unlawful And Punishable.” (LearnNigerianLaws.com, 3 April 2020) <https://sabilaw.org/shooting-of-isolation-centers-escapees-is-unlawful-and-punishable-daily-law-tips-tip-540-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.

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