5. Establishment of the Federal Task Force
For the purposes of this Act, there shall be constituted by the Minister, at the Federal level, a Federal Task Force which shall consist of-
(a) a Chairman who shall be an officer of the Agency not below the rank of a Deputy Director, to be appointed by the Minister;
(b) two officers of the Nigeria Police Force not below the rank of Chief Superintendent of Police, to be nominated by the Inspector-General of Police;
(c) two inspectors not below the rank of Principal Pharmacist to be appointed by the Pharmacists Council of Nigeria;
(d) two inspecting officers not below the rank of Principal Regulatory Officer, designated under subsection (1) (c) of section 9 of the Food and Drugs Act, to be appointed by the Minister; and
[Cap. F32.]
(e) such other Regulatory Inspecting Officers co-opted by the Federal Task Force.
6. Functions of the Federal Task Force
(1) The Federal Task Force shall be charged with the overall responsibility for enforcing the
provisions of this Act which shall include-
(a) co-ordinating the activities of the State Task Forces;
(b) directing and monitoring the activities of the State Task Forces;
(c) paying unscheduled visits to all ports of entry and border posts;
(d) powers to enter at any reasonable time, (if need be by force) any premises in which there is reason to believe that the provisions of this Act are being contravened and examining any article found therein;
(e) taking a sample or specimen of any article, and opening and examining, while on the premises, any container or package;
(f) examining any book, document or record found on the premises, which are reasonably believed to contain any information relevant to the enforcement of this Act and causing copies to be made thereof or extracts made therefrom; and
(g) seizing any counterfeit, adulterated, banned or fake drug or poison or unwholesome processed food product.
(2) The Federal Task Force shall have power to seal up any premises used or being used in connection with any offence under this Act until such time as the drug or poison, as the case may be, in the premises has been removed by the Federal Task Force or until such reasonable time as the Minister may determine in the circumstances.
7. Establishment of State Task Force
There shall also be constituted by the Minister, at State or group of States level, a State Task Force which shall consist of-
(a) a Chairman who shall be appointed by the Minister;
(b) three officers, one of whom shall be a member of the Nigeria Police Force not below the rank of Chief Superintendent of Police, to be nominated by the Inspector-General of Police, and the two remaining officers to be appointed by the Minister;
(c) an inspector appointed by the Pharmacists Council of Nigeria; and
(d) an inspecting officer, designated under the provisions of subsection (1) (c) of section 9 of the Food and Drugs Act, to be appointed by the Minister.
[Cap. F32.]
8. Functions of the State Task Force
(1) The State Task Force shall, subject to the general control and supervision of the Federal Task Force, be charged with the overall responsibility of enforcing the provisions of this Act which shall include-
(a) seizing any drug or poison which is displayed for the purpose of sale in any premises not duly licensed or registered for that purpose;
(b) powers to enter at any reasonable time, (if need be by force) any premises in which there is reason to believe that the provisions of this Act are being contravened, and examining any article found therein;
(c) taking a sample or specimen of any article and opening and examining, while on the premises, any container or package;
(d) examining any books, documents or records found on the premises, which are reasonably believed to contain any information relevant to the enforcement of this Act and causing copies to be made thereof or extracts made therefrom; and
(e) seizing any counterfeit, adulterated, banned or fake drug or poison or any unwholesome processed food products.
(2) The State Task Force shall have power to seal up any premises used or being used in connection with any offence under this Act until such time as the drug, poison or unwholesome processed food product, as the case may be, in the premises has been removed by the State Task Force or until such reasonable time as the Minister may determine in the circumstances.
9. Establishment of the Nigeria Police Force Squad
(1) There is hereby established at the Federal Level, for the purposes of this Act, a Nigeria Police Force Squad (in this Act referred to as "the Force Squad") which shall consist of-
(a) a Deputy Superintendent of Police; and
(b) such number of police officers,
to be appointed by the Inspector-General of Police.
(2) The Force Squad is charged with the responsibility of-
(a) assisting the members of the Federal Task Force in the lawful execution of their functions under this Act;
(b) arresting any person suspected of committing an offence under this Act;
(c) conducting investigation into matters arising under the Act.
10. Forfeiture of drugs or unwholesome processed food products, etc.
Any drug, poison or unwholesome processed food products seized by a Task Force established by this Act shall be forfeited to the Federal Government and shall be dealt with in such manner as the Minster may, from time to time, determine.
11. Obstructing members of the Task Force
(1) No person shall-
(a) obstruct or resist a member of a Task Force in the execution of his duties under this Act; or
(b) without the authority of a Task Force, remove, alter or interfere in any way with any drug, poison or unwholesome processed food product seized under this Act.
(2) A person who contravenes a provision of subsection (1) of this section is guilty of an offence and liable on conviction to a fine not exceeding N50,000 or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.
