• Prescribes 15-year jail term for offenders
By Haruna Salami
The Senate on Wednesday passed for second reading a bill seeking to strengthen Nigeria’s legal framework against counterfeit medicines, fake drugs and unwholesome processed foods by introducing tougher penalties, enhanced enforcement measures and a more comprehensive regulatory regime.
The proposed legislation, titled the Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026 (SB.951), sponsored by Senator Umar Sadiq Suleiman, was referred by the Senate, presided over by Senate President Godswill Akpabio, to the Senate Committee on Health (Secondary and Tertiary) for further legislative action. The committee was given four weeks to submit its report.
Leading the debate, Senator Suleiman said the bill seeks to repeal the outdated Counterfeit and Fake Drugs and Unwholesome Processed Foods Act, Cap. C34, Laws of the Federation of Nigeria, 2004, and replace it with a modern legal framework capable of addressing emerging threats posed by counterfeit medicines, fake drugs, adulterated cosmetics, mislabelled chemicals and unsafe processed foods.
He explained that technological advancements, online marketing, cross-border trafficking and organised criminal networks have exposed the limitations of the existing law in tackling the growing menace.
According to him, the bill is designed to protect Nigerians from avoidable deaths and disabilities caused by counterfeit medicines while restoring public confidence in the nation’s healthcare system and pharmaceutical industry.
The proposed legislation criminalises the production, importation, manufacture, transportation, distribution, sale, possession and facilitation of counterfeit medical products, fake drugs and unwholesome processed foods. It also prohibits the manufacture or possession of labels, wrappers, packaging materials and equipment intended for the production of counterfeit products.
In addition, the bill outlaws the sale or hawking of drugs in unauthorised locations such as markets, motor parks, roadside stalls, buses, ferries and unlicensed online platforms.
It prescribes stiff penalties, including prison terms of up to 15 years for serious offences, substantial fines, compensation for victims or their families, as well as sanctions against corporate organisations and their directors found guilty.
To improve enforcement, the bill empowers the National Agency for Food and Drug Administration and Control (NAFDAC) to deploy modern product-tracking technologies, establish national and state enforcement task forces, inspect facilities, seize counterfeit products, arrest suspects, seal offending premises and strengthen surveillance at Nigeria’s ports of entry.
The legislation also grants exclusive jurisdiction to the Federal High Court to hear cases arising under the proposed law and provides for accelerated trial of offences to ensure speedy prosecution.
Describing the bill as a life-saving intervention, Senator Suleiman said it seeks not only to punish offenders but also to safeguard public health, protect legitimate businesses, boost consumer confidence and align Nigeria’s anti-counterfeit laws with international best practices.
The bill received overwhelming support from senators during the debate.
Senator Samson Ekong described the proposal as timely and long overdue, lamenting that counterfeit medicines had become so widespread that “the principal beneficiaries” were casket makers because of the avoidable deaths they cause.
He said the Senate must send a strong signal that the trade in fake medicines would no longer be tolerated through effective deterrent penalties.
Senator Adams Oshiomhole also backed the bill, saying nearly every Nigerian had either fallen victim to fake drugs or remained vulnerable to them.
While acknowledging NAFDAC’s efforts, he observed that counterfeit medicines remained prevalent across both urban and rural communities, contributing to increasing cases of kidney disease and other organ failures.
He described fake medicines as “instruments of death” and called for stronger legal sanctions against offenders.
Some lawmakers, however, expressed concerns about possible overlaps between the proposed legislation and the existing powers of NAFDAC.
Deputy Senate President Barau Jibrin supported the bill but stressed the need to clearly define its relationship with the NAFDAC Act.
He noted that concerns about potential conflicts with the agency’s enabling law had been addressed after it became clear that NAFDAC itself supported the bill because of gaps in the current legal framework.
Barau urged the committee handling the bill to ensure it clearly demonstrates that the proposed law is intended to strengthen, rather than duplicate, NAFDAC’s statutory powers.
Similarly, Senator Adeniyi Adegbonmire commended the objectives of the bill but questioned whether many of its provisions were already covered under the NAFDAC Act, cautioning against unnecessary duplication of regulatory responsibilities.
Former Senate Leader Yahaya Abdullahi also supported the bill’s second reading but recommended that the committee invite the entire pharmaceutical profession and relevant regulatory agencies during the public hearing.
He said stakeholders should determine whether the objectives of the proposal would be better achieved through amendments to the NAFDAC Act instead of creating overlapping legal provisions.
Senator Victor Umeh also observed that tackling counterfeit drugs and unsafe food products already falls within NAFDAC’s statutory responsibilities.
He nevertheless supported the bill’s progression, expressing confidence that consultations with NAFDAC during the public hearing would enable lawmakers to determine the most appropriate legal framework.
Before referring the bill to the committee, Senate President Akpabio commended senators for their contributions, noting that concerns over the relationship between the proposed legislation and the NAFDAC Act had been adequately raised and would be addressed during the public hearing.
Following a voice vote, the Senate passed the bill for second reading and referred it to the Senate Committee on Health (Secondary and Tertiary), directing the committee to report back within four weeks.
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