Senate Pushes 15-Year Jail Term for Fake Drug Offenders

The Senate on Wednesday advanced efforts to strengthen Nigeria’s legal framework against counterfeit medicines and unsafe food products by passing for second reading a bill seeking tougher penalties, enhanced enforcement powers and a comprehensive strategy to combat fake drugs, adulterated medical products and unwholesome processed foods.

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). The committee was directed to report back within four weeks.
Leading the debate, Senator Suleiman explained that the bill seeks to repeal the outdated Counterfeit and Fake Drugs and Unwholesome Processed Foods Act, Cap.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 noted that technological advancements, online marketing, cross-border trafficking and organised criminal networks had exposed the limitations of the existing law in tackling the growing menace.
According to him, the proposed legislation is aimed at protecting Nigerians from preventable deaths and disabilities caused by fake medicines while restoring public confidence in the nation’s healthcare system and pharmaceutical industry.
Among its key provisions, the bill 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 counterfeit production.
The bill further outlaws the sale or hawking of drugs in unauthorised locations, including markets, motor parks, roadside stalls, buses, ferries and unlicensed online platforms. It proposes penalties of up to 15 years imprisonment for serious offences, alongside heavy fines, compensation for victims or their families and sanctions against corporate organisations and their directors found guilty.
To strengthen 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 enhance surveillance at Nigeria’s ports of entry.
The legislation also grants exclusive jurisdiction to the Federal High Court to hear matters arising from the Act and provides for accelerated trial of offences to prevent delays in prosecution.
Describing the proposal as a life-saving intervention, Senator Suleiman said the bill goes beyond punishment by protecting public health, safeguarding legitimate businesses, improving consumer confidence and aligning Nigeria’s anti-counterfeit framework with global best practices.
The bill received overwhelming support during debate.
Senator Samson Ekong described the legislation as timely and long overdue, lamenting that counterfeit medicines had become so widespread that “the principal beneficiaries” were casket makers because of avoidable deaths. He said the Senate must send a clear message that the trade in fake medicines would no longer be tolerated through effective deterrent penalties.
Senator Adams Oshiomhole said virtually every Nigerian had either fallen victim to fake drugs or was at risk of becoming one. While acknowledging NAFDAC’s efforts, he noted that counterfeit medicines remained prevalent in both rural and urban communities, contributing to kidney disease and other organ failures. He described fake medicines as “instruments of death” and urged lawmakers to support tougher sanctions.
Some lawmakers, however, raised concerns about possible overlaps with the existing mandate of NAFDAC.
Deputy Senate President Barau Jibrin backed the bill but stressed the need to clearly define its relationship with the NAFDAC Act. He disclosed that concerns about possible conflicts had been addressed after it became clear that NAFDAC itself supported the legislation because of existing gaps in the law. He urged the committee to demonstrate that the bill would strengthen, rather than duplicate, the agency’s powers.
Similarly, Senator Adeniyi Adegbonmire commended the objectives of the bill but questioned whether several of its provisions were already covered under the NAFDAC Act, warning 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 regulators during the public hearing to determine whether the objectives could be achieved through amendments to the NAFDAC Act instead of creating overlapping provisions.
Senator Victor Umeh observed that combating counterfeit drugs and unsafe food products already falls within NAFDAC’s statutory responsibilities. Nonetheless, he supported the bill’s progression, expressing confidence that consultations with NAFDAC during the public hearing would help lawmakers make an informed decision on the final legislation.
Before referring the bill to committee, Senate President Godswill Akpabio commended senators for their robust contributions, noting that concerns regarding the relationship between the proposed law and the NAFDAC Act had been adequately highlighted and would be addressed during the public hearing.
Following a voice vote in favour of the bill’s second reading, Akpabio referred it to the Senate Committee on Health (Secondary and Tertiary) with a directive to submit its report within four weeks.