Fake Drugs: Senate Backs 15-Year Jail Term, Asset Forfeiture For Offenders

The Senate on Wednesday advanced moves to strengthen Nigeria’s fight against counterfeit medicines and unsafe food products, approving for second reading a bill proposing tougher penalties, asset forfeiture and stronger enforcement measures against offenders.

The proposed Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026 (SB.951), sponsored by Senator Umar Suleiman (Kwara North) seeks to establish a comprehensive legal framework to combat fake drugs, adulterated medical products and harmful processed foods.

Leading the debate, Senator Suleiman said the bill seeks to repeal the existing Counterfeit and Fake Drugs and Unwholesome Processed Foods Act, Cap. C34, Laws of the Federation of Nigeria, 2004, replacing it with legislation capable of addressing emerging challenges in the pharmaceutical and food sectors.

He said developments such as online drug sales, cross-border trafficking, advanced counterfeiting techniques and organised criminal networks had made the existing law inadequate.

According to him, the proposed legislation is aimed at protecting Nigerians from preventable deaths and disabilities caused by fake medicines while restoring confidence in the country’s healthcare system and legitimate pharmaceutical industry.

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 production or possession of counterfeit labels, wrappers, packaging materials and equipment intended for fake product manufacturing.

The proposed law further bans the sale and hawking of medicines at unauthorised locations, including markets, motor parks, roadside stalls, buses, ferries and unlicensed online platforms.

Under the proposed penalties, offenders could face up to 15 years imprisonment, heavy fines, compensation for victims or their families, as well as sanctions against corporate organisations and their directors.

The bill also provides for the forfeiture of assets linked to offences involving counterfeit medicines and unsafe products.

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 premises and strengthen surveillance at ports of entry.

It also grants the Federal High Court exclusive jurisdiction over offences under the Act and provides for accelerated trials to prevent delays in prosecution.

Senator Suleiman described the proposal as a public health intervention that goes beyond punishment by protecting consumers, safeguarding legitimate businesses and aligning Nigeria’s anti-counterfeit regime with global standards.

The bill received strong support from lawmakers during debate.

Senator Samson Ekong Akwa (Ibom South) described the legislation as timely and overdue, warning that the widespread circulation of fake medicines had caused avoidable deaths.

He said the Senate must send a strong message that the business of manufacturing and distributing counterfeit drugs must end through effective deterrent measures.

Also speaking, Senator Adams Oshiomhole (Edo North) said virtually every Nigerian was either a victim or at risk of becoming a victim of fake medicines.

While acknowledging NAFDAC’s efforts, Oshiomhole said counterfeit drugs remained widespread in rural and urban communities, contributing to serious health challenges, including kidney-related diseases and organ failures.

He described fake medicines as “instruments of death” and urged lawmakers to support stronger sanctions against offenders.

However, some senators raised concerns over possible overlaps between the proposed legislation and the existing mandate of NAFDAC.

Deputy Senate President Barau Jibrin supported the bill but stressed the need to clearly define its relationship with the NAFDAC Act.

He said concerns over possible conflicts had been addressed after it became clear that NAFDAC supported the proposal because of gaps in the current legal framework.

Barau urged the committee handling the bill to ensure the legislation strengthens rather than duplicates the agency’s responsibilities.

Senator Adeniyi Adegbonmire (Ondo Central) also supported the objectives of the bill but questioned whether some provisions were already covered under the NAFDAC Act, warning against duplication of regulatory functions.

Former Senate Leader Yahaya Abdullahi (Kebbi North) backed the bill’s progression but recommended that stakeholders in the pharmaceutical sector and relevant regulators be invited during the public hearing.

He said the committee should determine whether amending existing laws would achieve the same objectives instead of creating overlapping responsibilities.

Senator Victor Umeh (Anambra Central) noted that combating fake drugs and unsafe food products already falls within NAFDAC’s statutory duties but supported further consideration of the bill.

He expressed confidence that consultations with NAFDAC during the public hearing would help lawmakers determine the appropriate framework.

In his remarks, Senate President Godswill Akpabio thanked senators for their contributions, noting that concerns surrounding the relationship between the proposed law and NAFDAC would be addressed at the committee stage.

Following a voice vote in favour of the bill’s second reading, Akpabio referred it to the Senate Committee on Health (Secondary and Tertiary) and directed it to submit its report within four weeks.

The bill was referred to the Senate Committee on Health (Secondary and Tertiary) for further legislative consideration, with the committee mandated to report back within four weeks.