The Senate has passed for second reading a bill seeking tougher penalties for the production, distribution and sale of counterfeit medicines and unsafe food products, including a proposed 15-year prison sentence for medicine hawkers.
The Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026 (SB.951), sponsored by Senator Umar Suleiman (Kwara North), also proposes asset forfeiture, compensation for victims and expanded enforcement powers for the National Agency for Food and Drug Administration and Control (NAFDAC).
If enacted, the legislation will repeal the existing Counterfeit and Fake Drugs and Unwholesome Processed Foods Act, replacing it with a stronger legal framework to tackle emerging threats such as online drug sales, cross-border trafficking, sophisticated counterfeiting methods and organised criminal networks.
Leading the debate, Senator Suleiman said the current law is no longer sufficient to combat the growing menace of counterfeit medicines.
According to him, the bill criminalises the production, importation, manufacture, transportation, distribution, sale, possession and facilitation of counterfeit medical products, fake drugs and unwholesome processed foods.
The proposed law also prohibits the sale and hawking of medicines in unauthorised locations, including open markets, motor parks, roadside stalls, buses, ferries and unlicensed online platforms.
Senate President Godswill Akpabio said offenders, if convicted, could face up to 15 years’ imprisonment, heavy fines, compensation to victims or their families, sanctions against corporate organisations and their directors, as well as forfeiture of assets linked to the offences.
To strengthen enforcement, the bill empowers NAFDAC to deploy modern product-tracking technologies, establish enforcement task forces, inspect facilities, seize counterfeit products, arrest suspects, seal premises and intensify surveillance at Nigeria’s ports of entry.
It also grants the Federal High Court exclusive jurisdiction over offences under the proposed law and provides for accelerated trials.
The bill received overwhelming support from senators, with lawmakers describing counterfeit medicines as a major public health threat. However, some members called for clarity on how the proposed legislation would align with the existing NAFDAC Act to avoid duplication of responsibilities.
