Fake Drug Offenders To Face 15-Year Jail Term As Senate Advances Bill

A bill seeking to strengthen legal framework against counterfeit medicines, fake drugs and unsafe processed foods by introducing stiffer penalties, enhanced enforcement measures and stricter regulatory controls has scaled second reading in the Senate.

The proposed legislation, titled the Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026, sponsored by Senator Umar Suleiman, was subsequently referred to the Senate committee on health (Secondary and Tertiary) with a directive to submit its report within four weeks.

Leading the debate, Suleiman said the bill seeks to repeal the obsolete Counterfeit and Fake Drugs and Unwholesome Processed Foods Act Laws of the Federation of Nigeria, 2004, replacing it with a modern legal framework capable of addressing emerging threats posed by counterfeit medicines, adulterated cosmetics, mislabelled chemicals and unsafe processed foods.

According to him, technological advancements, online marketing, cross-border trafficking and the activities of organised criminal networks have exposed the inadequacies of the existing law in tackling the growing menace of counterfeit products.

He said the proposed legislation is designed to protect Nigerians from preventable deaths and disabilities caused by fake medicines, restore confidence in the healthcare system and strengthen the country’s 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 the production of counterfeit products.

The legislation further outlaws the sale and hawking of drugs in unauthorised locations, including markets, motor parks, roadside stalls, buses, ferries and unlicensed online platforms.

It prescribes 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 of violating the law.

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.

It also grants exclusive jurisdiction to the Federal High Court over offences arising from the Act and provides for accelerated prosecution to prevent delays in the trial of offenders.

Describing the bill as a life-saving intervention, Senator Suleiman said 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.