Senate Advances Bill Prescribing Up to 15-Year Jail Term for Fake Drug Offences

Abuja, Nigeria — Nigeria's Senate has passed for second reading a bill seeking to strengthen the country's legal response to counterfeit medical products, fake drugs and unwholesome processed foods by introducing tougher penalties and expanding regulatory enforcement powers. The proposed legislation, titled the Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026, seeks to repeal the existing Counterfeit and Fake Drugs and Unwholesome Processed Foods Act, 2004, replacing it with a more comprehensive legal framework designed to address emerging challenges in the regulation of medicines and other health products. The bill, sponsored by Senator Umar Suleiman, was referred to the Senate Committee on Health (Secondary and Tertiary) following its second reading. The committee has been directed to submit its report within four weeks. During the debate, the sponsor explained that advances in technology, the growth of online commerce, cross-border trafficking and increasingly sophisticated criminal networks have exposed gaps in the current law, making stronger legislation necessary to protect public health. If enacted, the bill will criminalise 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 producing counterfeit products. One of the notable provisions of the proposed legislation is the prohibition of drug hawking and the sale of medicines in unauthorised locations, including markets, motor parks, roadside stalls, buses, ferries and unlicensed online platforms. The bill prescribes penalties of up to 15 years' imprisonment for serious offences. In addition to prison terms, offenders may face substantial fines, compensation obligations to victims or their families, and sanctions against corporate organisations and company directors found liable under the law. To strengthen enforcement, the legislation 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 proposed law also grants exclusive jurisdiction to the Federal High Court to hear offences arising under the Act and provides for accelerated prosecution to reduce delays in the trial of offenders. Several senators described the bill as timely, noting the devastating impact counterfeit medicines continue to have on public health. Lawmakers observed that fake medicines contribute to preventable illnesses, treatment failure and avoidable deaths across the country. However, some members of the Senate called for careful scrutiny during the committee stage to ensure the proposed legislation complements, rather than duplicates, the existing powers of NAFDAC. They recommended extensive stakeholder engagement, including consultations with pharmaceutical manufacturers, regulators and other industry experts before the bill proceeds to its final stages. The Senate Committee on Health is expected to conduct further legislative review and stakeholder consultations before presenting its report for consideration. If eventually passed by the National Assembly and assented to by the President, the legislation is expected to significantly strengthen Nigeria's efforts to combat counterfeit medicines, improve medicine safety, protect legitimate pharmaceutical businesses and enhance public confidence in the country's healthcare system.