Senate advances bill to jail fake drug offenders for 15 years

The Senate on Wednesday moved to strengthen Nigeria’s fight against counterfeit medicines and unsafe food products by passing for second reading a bill seeking tougher sanctions against offenders, including a jail term of up to 15 years for those involved in the manufacture, distribution and sale of fake drugs.

The proposed legislation, titled the Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026 (SB.951), is sponsored by Senator Umar Sadiq Suleiman.

Following its second reading, Senate President Godswill Akpabio referred the bill to the Senate Committee on Health (Secondary and Tertiary) for further legislative scrutiny, directing it to report back within four weeks.

Opening debate on the bill, Suleiman said the legislation is designed to replace the outdated Counterfeit and Fake Drugs and Unwholesome Processed Foods Act, Cap. C34, Laws of the Federation of Nigeria, 2004, with a more robust legal framework capable of responding to present-day challenges posed by counterfeit medicines, adulterated cosmetics, falsely labelled chemicals, and unsafe processed foods.

He argued that technological innovations, the expansion of e-commerce, cross-border smuggling, and increasingly sophisticated criminal networks have exposed the shortcomings of the existing law, making comprehensive reforms necessary.

According to the lawmaker, the bill is intended to protect Nigerians from preventable deaths and health complications linked to fake medicines while restoring public confidence in the country’s healthcare system and pharmaceutical industry.

Among its key provisions, the legislation criminalises the production, importation, manufacture, transportation, distribution, possession and sale of counterfeit medical products, fake drugs and unwholesome processed foods. It also prohibits the manufacture, importation or possession of labels, packaging materials and equipment intended for the production of counterfeit products.

The bill further seeks to outlaw drug hawking and the sale of medicines in unauthorised locations such as open markets, motor parks, roadside kiosks, buses, ferries and unlicensed online platforms.

Offenders found guilty of major violations could face prison sentences of up to 15 years, substantial fines or compensation to victims or their families, while corporate organisations and their directors may also be held liable where found culpable.

To improve enforcement, the bill proposes expanded powers for the National Agency for Food and Drug Administration and Control (NAFDAC), including the deployment of modern product-tracking technologies, the establishment of federal and state enforcement task forces, routine inspections, seizure of counterfeit products, arrest of suspects, closure of offending premises and enhanced surveillance at the nation’s borders.

It also vests exclusive jurisdiction over offences under the proposed law in the Federal High Court and provides for accelerated trial of cases to ensure speedy prosecution.

Suleiman described the proposal as a critical public health intervention that seeks not only to punish offenders but also to protect consumers, support legitimate pharmaceutical businesses and bring Nigeria’s anti-counterfeit regulatory framework in line with international standards.

The proposal enjoyed broad support during debate.

Samson Ekong described the legislation as both timely and necessary, lamenting the widespread circulation of fake medicines across the country.

He said, “The principal beneficiaries are casket makers,” noting that many deaths resulting from counterfeit drugs could have been prevented.

Ekong added that the Senate must send a strong signal that those involved in the fake drug trade would face severe consequences.

Contributing, Adams Oshiomhole said virtually every Nigerian had either suffered directly or remained vulnerable to counterfeit medicines.

While acknowledging NAFDAC’s efforts, he observed that fake drugs continue to flood communities across the country, contributing to increasing cases of kidney failure and other serious health complications.

He described counterfeit medicines as “instruments of death” and urged lawmakers to strengthen existing legal safeguards through tougher sanctions.

Despite the broad support, several lawmakers raised concerns about possible duplication of NAFDAC’s existing statutory responsibilities.

Deputy Senate President Barau Jibrin said he initially had reservations over the relationship between the proposed legislation and the NAFDAC Act but explained that those concerns had been addressed after learning that the regulatory agency itself supported the bill because of existing legal gaps.

He urged the committee handling the legislation to clearly establish during the public hearing that the proposed law would reinforce rather than duplicate NAFDAC’s powers.

Adeniyi Adegbonmire also supported the objectives of the bill but questioned whether many of its provisions were already covered under the NAFDAC Act, cautioning against creating overlapping regulatory functions.

Yahaya Abdullahi, the Former Senate Leader, backed the bill’s second reading but recommended that the committee invite representatives of the pharmaceutical industry and relevant regulatory agencies during the public hearing to determine whether the desired reforms would be better achieved through amendments to the NAFDAC Act instead of a separate legislation.

Similarly, Victor Umeh noted that the regulation of counterfeit drugs and unsafe food products already falls within NAFDAC’s statutory mandate.

Nevertheless, he endorsed the bill’s progression, expressing confidence that consultations with NAFDAC and other stakeholders during the public hearing would enable lawmakers to produce a more effective legal framework.

Before referring the bill to committee, Senate President Akpabio commended senators for what he described as a robust debate, noting that concerns regarding the relationship between the proposed legislation and the NAFDAC Act had been adequately raised and would be thoroughly examined during the public hearing.

The bill was subsequently referred to the Senate Committee on Health (Secondary and Tertiary), which has four weeks to submit its report to the Senate.