From Victor Osula, Abuja
The Nigerian Senate intensified its efforts to combat the country’s expanding counterfeit drugs market by passing a bill for a second reading that proposes stringent penalties for offenders.
This includes a potential 15-year prison sentence for those selling counterfeit medicines, asset forfeiture related to the illicit trade, and compensation for victims.
The proposed legislation, known as the Counterfeit Medical Products, Fake Drugs, and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026 (SB.951), seeks to overhaul Nigeria’s legal framework governing counterfeit medicines and unsafe processed foods.
It aims to replace the existing laws with tougher provisions aimed at dismantling the organized criminal networks responsible for the illicit trade.
Sponsored by Senator Umar Suleiman (Kwara North), the bill expands the authority of the National Agency for Food and Drug Administration and Control (NAFDAC).
It enables the agency to utilize modern product-tracking technology, establish national and state enforcement task forces, enhance surveillance at the nation’s ports, inspect facilities, seize counterfeit products, arrest suspects, and shut down locations linked to the manufacture or distribution of fake medicines.
During the debate on the bill, Senator Suleiman noted that the current law has become outdated and insufficient to address the increasingly sophisticated counterfeit operations, particularly those driven by cross-border trafficking, online drug sales, and organized crime syndicates.
He emphasised that the proposed legislation aims to protect Nigerians from preventable deaths and disabilities caused by counterfeit medicines, restore public confidence in the healthcare system, and safeguard legitimate pharmaceutical businesses.
Under this bill, it would be illegal to produce, import, manufacture, transport, distribute, sell, possess, or facilitate the circulation of counterfeit medical products, fake drugs, and unsafe processed foods.
The legislation also criminalises the production or possession of counterfeit labels, wrappers, packaging materials, and equipment used in manufacturing fake products.
One of the bill’s significant provisions bans the sale and hawking of medicines in unauthorized locations, including open markets, motor parks, roadside stalls, buses, ferries, and unlicensed online platforms.
Offenders, if convicted, could face up to 15 years in prison, substantial fines, forfeiture of assets connected to the offences, and compensation for victims or their families. Corporate entities and their directors would also be subject to penalties under the proposed law.
The bill grants exclusive jurisdiction over offences arising from this legislation to the Federal High Court and provides for expedited trials to ensure speedy prosecutions.
Addressing concerns from some lawmakers regarding the relationship between the proposed bill and the existing NAFDAC Act, Senate President Godswill Akpabio assured them that any overlaps would be dealt with during the committee stage.
He commended senators for their contributions to the debate, noting that the legislation marks a significant step forward in Nigeria’s fight against counterfeit medicines and unsafe food products.
The bill garnered overwhelming support during the debate and was subsequently referred to the appropriate Senate committee for further legislative work and a public hearing before it returns to the chamber for consideration of its recommendations.
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