Senate Advances Bill to Combat Fake Drugs, Proposes Tougher Penalties for Offenders: Sponsored by Senator Sadiq Suleiman Umar (APC, Kwara North).
Drug Hawking, Open-Market Sales Face Fresh Crackdown Under Proposed Legislation
The Nigerian Senate has taken a significant step toward strengthening the country’s fight against counterfeit medicines and unsafe food products with the passage of a bill seeking stricter regulations and tougher sanctions against offenders.
The proposed legislation, titled the Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026 (SB.951), successfully scaled second reading during plenary and has been referred to the Senate Committee on Health (Secondary and Tertiary) for further legislative consideration.
Sponsored by Senator Sadiq Suleiman (APC, Kwara North), the bill seeks to replace the existing Counterfeit and Fake Drugs and Unwholesome Processed Foods Act with a more robust legal framework capable of addressing modern challenges associated with counterfeit medicines, adulterated products, unsafe processed foods, and related criminal activities.
One of the major highlights of the bill is the proposed prohibition of drug hawking and the sale of medicines in open markets, motor parks, roadside stalls, buses, ferries, unlicensed premises, and unauthorised online platforms, which authorities believe have contributed significantly to the circulation of fake pharmaceutical products across the country.
The bill also proposes severe penalties, including prison terms of up to 15 years for serious offences, substantial fines, and mandatory compensation for victims or their families where counterfeit medical products result in death or grievous bodily harm.
Beyond targeting the sale of fake medicines, the proposed law criminalises the entire counterfeit supply chain, including the manufacture, importation, exportation, transportation, storage, distribution, sale, and possession of counterfeit drugs, as well as the production or possession of packaging materials and equipment intended for illegal counterfeiting operations.
To strengthen enforcement, the legislation provides for the establishment of national and state enforcement task forces comprising the National Agency for Food and Drug Administration and Control (NAFDAC), the Nigeria Police Force, the Nigeria Customs Service, the Nigeria Immigration Service, the Pharmacists Council of Nigeria, and other relevant agencies to enhance intelligence sharing, surveillance, and coordinated nationwide operations.
The bill further empowers authorities to seize, freeze, and forfeit assets linked to counterfeit drug syndicates, destroy fake products, facilitate international asset recovery, and establish an Asset Recovery Fund to support enforcement activities.
In addition, it grants the Federal High Court exclusive jurisdiction over offences under the proposed law, encourages accelerated hearing of cases, recognises electronic evidence, and authorises NAFDAC legal officers to prosecute offenders in a bid to reduce delays in criminal proceedings.
Leading the debate, Senator Sadiq Suleiman said the proposed legislation is designed to protect Nigerians from preventable deaths and health complications caused by counterfeit medicines while restoring confidence in the nation’s healthcare system and pharmaceutical industry.
The bill received broad support from lawmakers, who described it as timely and necessary in view of the growing threat posed by fake drugs. Several senators emphasised the need for stronger deterrent measures to safeguard public health and protect legitimate pharmaceutical businesses.
Following its successful second reading, the bill has been referred to the Senate Committee on Health (Secondary and Tertiary), which is expected to submit its report to the Senate within four weeks for further legislative action.
