A bill seeking to impose stiffer penalties on persons involved in counterfeit medicines, fake drugs and unsafe processed foods has scaled second reading in the Senate.
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The proposed legislation, titled the Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026, was sponsored by Senator Umar Suleiman.
After debate on the bill, it was referred to the Senate Committee on Health (Secondary and Tertiary) with a directive to report back within four weeks.
Leading debate on the bill, Suleiman said the proposed law seeks to repeal the existing Counterfeit and Fake Drugs and Unwholesome Processed Foods Act, Laws of the Federation of Nigeria, 2004, and replace it with a modern legal framework.
According to him, the current law has become inadequate to address emerging threats posed by counterfeit medicines, adulterated cosmetics, mislabelled chemicals, unsafe processed foods, online drug sales, cross-border trafficking and organised criminal networks.
He said the bill is aimed at protecting Nigerians from preventable deaths and disabilities caused by fake medicines, restoring public confidence in the healthcare system and strengthening the legitimate pharmaceutical industry.
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 the production of counterfeit products.
The proposed legislation further outlaws the sale and hawking of drugs in unauthorised locations, including open markets, motor parks, roadside stalls, buses, ferries and unlicensed online platforms.
Under the bill, serious offenders risk 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 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 intensify surveillance at Nigeria’s ports of entry.
The bill also grants exclusive jurisdiction to the Federal High Court over offences arising from the proposed law and provides for accelerated prosecution to prevent delays in the trial of offenders.
Suleiman described the bill as a life-saving intervention, saying it goes beyond punishment by protecting public health, safeguarding legitimate businesses, improving consumer confidence and aligning Nigeria’s anti-counterfeit regime with global best practices.
The proposal received broad support from senators, although some lawmakers raised concerns over possible overlap with the existing NAFDAC Act.
Senate President Godswill Akpabio said concerns about the relationship between the proposed law and the NAFDAC Act would be addressed during the committee stage.
He said the bill would help ensure that persons who endanger lives through fake drugs and unsafe products face strong penalties.
Senator Samson Ekong, representing Akwa Ibom South, described the bill as timely, warning that the circulation of fake medicines had caused avoidable deaths across the country.
Senator Adams Oshiomhole, representing Edo North, also supported the bill, saying virtually every Nigerian was either a victim of fake medicines or at risk of becoming one.
Oshiomhole described fake drugs as “instruments of death” and said their continued circulation contributes to serious health challenges, including kidney-related diseases and organ failure.
However, Deputy Senate President Barau Jibrin urged the committee handling the bill to clearly define its relationship with the NAFDAC Act to avoid duplication of responsibilities.
Senator Adeniyi Adegbonmire, representing Ondo Central, also supported the bill but advised that the committee should address concerns about overlapping regulatory functions.
Former Senate Leader Yahaya Abdullahi, representing Kebbi North, recommended that pharmaceutical stakeholders and relevant regulators be invited to the public hearing.
Senator Victor Umeh, representing Anambra Central, noted that combating fake drugs and unsafe foods already falls within NAFDAC’s statutory mandate, but supported the bill’s progression to the next legislative stage.
The bill is expected to undergo further scrutiny at the committee level, where lawmakers will consider stakeholder inputs before returning it to the Senate for further legislative action.
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