By Olugbenga Salami
The Senate has passed for second reading a bill that proposes up to 15 years imprisonment for offenders involved in fake drugs and criminalises the hawking of medicines in markets, motor parks and on the streets.
Titled “Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026”, the piece of legislation, sponsored by Senator Umar Sadiq Suleiman (APC Kwara North), was referred to the Senate Committee on Health, Secondary and Tertiary to report back in four weeks.
Leading the debate, Senator Suleiman said the legislation seeks to repeal the outdated Counterfeit and Fake Drugs Act, Cap. C34, LFN 2004, and replace it with a stronger framework to tackle emerging threats from online sales, cross-border smuggling and organised crime.
According to him, the goal is to protect Nigerians from preventable deaths and disabilities caused by counterfeit medicines, while restoring public confidence in the healthcare system and pharmaceutical industry.
The bill makes it an offence to produce, import, manufacture, transport, distribute, sell or possess counterfeit medical products, fake drugs and unwholesome processed foods.
It also bans the manufacture or possession of labels, wrappers and equipment intended for counterfeit production.
The proposed law specifically prohibits drug hawking and sales in unauthorised locations including markets, roadside stalls, buses, ferries and unlicensed online platforms. Convicted offenders face up to 15 years in jail, heavy fines, compensation to victims or families, and sanctions against companies and directors found culpable.
To strengthen enforcement, the bill empowers NAFDAC to deploy product tracking technologies, establish national and state task forces, inspect facilities, seize counterfeit products, arrest suspects, seal offending premises and increase surveillance at Nigeria’s ports of entry.
The legislation also grants exclusive jurisdiction to the Federal High Court for related offences and mandates accelerated trials to avoid delays in prosecution.
In their contributions, Senator Samson Ekong (APC Akwa Ibom) said fake medicines have caused avoidable deaths, while Senator Adams Oshiomhole (APC Edo North), called them “instruments of death” linked to rising kidney and organ failures.
Some lawmakers, including Deputy Senate President Barau Jibrin (APC Kano North), Senators Adeniyi Adegbonmire (APC Ondo Central) and Victor Umeh (NDC Anambra Central), however urged the committee to clarify how the bill relates to NAFDAC’s existing powers to avoid duplication.
Senate President Godswill Akpabio said the concerns would be addressed during public hearing with NAFDAC and other stakeholders.
He directed the committee to ensure the new law complements rather than duplicates current regulatory frameworks.
