The Senate on Wednesday intensified its legislative offensive against counterfeit medicines by passing for second reading a bill that seeks to criminalise drug hawking and impose stiffer penalties, including up to 15 years’ imprisonment, on individuals and organisations involved in the production and distribution of fake drugs and other unsafe medical products.
The proposed legislation, titled the Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026 (SB.951), sponsored by Senator Umar Sadiq Suleiman, aims to replace the existing Counterfeit and Fake Drugs and Unwholesome Processed Foods Act with a stronger legal framework to combat increasingly sophisticated counterfeit networks.
Leading the debate, Suleiman warned that advances in technology, online marketing, cross-border trafficking and organised criminal syndicates had outpaced Nigeria’s current legal regime, making it imperative to strengthen the country’s anti-counterfeit laws.
He said the bill is designed to protect Nigerians from preventable deaths and disabilities caused by fake medicines while restoring confidence in the nation’s healthcare system and pharmaceutical industry.
Among its far-reaching 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 counterfeiting.
In a significant move, the legislation seeks to outlaw the sale or hawking of drugs in unauthorised locations, including open markets, motor parks, roadside stalls, buses, ferries and unlicensed online platforms.
Offenders, upon conviction, could face prison terms of up to 15 years, substantial fines, compensation to victims or their families, while corporate organisations and their directors may also be held criminally liable.
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 premises, seize counterfeit products, arrest suspects, seal offending facilities and enhance surveillance at Nigeria’s borders and ports of entry.
It further grants exclusive jurisdiction to the Federal High Court to hear offences arising under the proposed law and mandates accelerated trials to ensure swift prosecution of offenders.
Describing the proposal as a life-saving intervention, Suleiman said the legislation goes beyond punishment by protecting public health, safeguarding legitimate pharmaceutical businesses, strengthening consumer confidence and aligning Nigeria’s anti-counterfeit framework with international best practices.
The bill received overwhelming support from lawmakers during debate.
Senator Samson Ekong described the legislation as long overdue, lamenting that counterfeit medicines had become so widespread that “the principal beneficiaries” were casket makers because of avoidable deaths linked to fake drugs.
He said the Senate must send a clear message that the illicit trade in counterfeit medicines would no longer be tolerated.
Former Edo State Governor and Senator Adams Oshiomhole said virtually every Nigerian had either been a victim of fake drugs or was at risk of becoming one.
While commending NAFDAC’s efforts, he noted that counterfeit medicines remained prevalent across the country, contributing to kidney disease and other life-threatening health complications.
“Fake medicines are instruments of death,” Oshiomhole declared, urging lawmakers to strengthen the legal sanctions against offenders.
Despite broad support, several senators raised concerns over potential overlap between the proposed legislation and the existing powers of NAFDAC.
Deputy Senate President Barau Jibrin backed the bill but urged lawmakers to clearly define its relationship with the NAFDAC Act to avoid duplication.
He disclosed that the issue had been discussed and that NAFDAC itself supported the proposed legislation because of gaps in the current legal framework.
Senators Adeniyi Adegbonmire, Yahaya Abdullahi and Victor Umeh also called for extensive consultations during the public hearing, suggesting that pharmaceutical professionals, regulators and other stakeholders should help determine whether the bill should complement or amend the NAFDAC Act.
Responding after the debate, Senate President Godswill Akpabio commended senators for what he described as a robust and constructive debate, noting that concerns regarding the relationship between the proposed law and the NAFDAC Act would be fully addressed during the public hearing.
Following a voice vote, the Senate passed the bill for second reading and referred it to the Senate Committee on Health (Secondary and Tertiary), directing the panel to submit its report within four weeks.