Why Nigeria Is Losing Fight Against Counterfeit Drugs

Nigeria’s fight against counterfeit drugs remains a daunting challenge, with weak regulatory frameworks, prolonged legal battles, and corruption frustrating efforts to curb the menace.

Despite efforts by relevant authorities to shut down illegal drug operations in the country, fake and substandard medicines continue to flood the market, putting millions of lives at risk.

Recent data from NAFDAC highlights the agency’s aggressive actions in 2022 and 2023. Within these two years, it sealed 1,125 illegal drug stores, shut down 62 illicit drug factories, and sealed 108 warehouses filled with unapproved medical products. A total of 412 individuals were arrested, and counterfeit drugs worth ₦21.1 billion were destroyed.

While these efforts are commendable, they have not been enough to eliminate the problem. The World Health Organisation (WHO) estimates that fake drugs still account for 15-17 per cent of medicines in circulation in Nigeria.

The consequences are severe, patients unknowingly taking counterfeit medications may suffer complications, ineffective treatments, or even death, further straining the country’s already fragile healthcare system.
However, weak legal framework has been identified as one of the biggest obstacles to tackling drug counterfeiting in the country. Under current laws, those convicted of selling fake drugs face a maximum prison sentence of 15 years or a fine of just ₦500,000, an amount many consider laughable compared to the profits counterfeiters make.

NAFDAC’s Public Relations Officer, Christy Obiazikwor, criticised the penalties, arguing that they fail to deter offenders. “The laws do not deter offenders. They can simply pay a small fine and go free, undermining our efforts to fight counterfeiting,” she said.

Legal delays further complicate enforcement. Some drug counterfeiting cases have been stuck in courts for over a decade without resolution. “Some cases we’ve been prosecuting since 2010 are still unresolved,” Obiazikwor noted, highlighting the judiciary’s sluggish approach to tackling the crisis.

To address these shortcomings, NAFDAC is advocating for tougher laws, including stiffer penalties for counterfeiters. Director-General of NAFDAC, Mojisola Adeyeye, recently called for death penalty for individuals involved in the trafficking of counterfeit drugs, particularly when their actions lead to the deaths of children.

“You don’t need to put a gun to a child’s head to kill them. Just give them bad medicine,” Adeyeye said. She urged the judiciary and the National Assembly to support legal reforms that would impose harsher punishments.

Similarly, the House of Representatives has called for stricter sanctions, including life imprisonment, for those involved in drug counterfeiting. Lawmakers argue that lenient fines and bailable sentences allow offenders to continue their illegal activities with impunity. The House has urged the Attorney-General of the Federation, Lateef Fagbemi, to propose amendments to existing laws to include tougher penalties.
Legal expert and Managing Partner at Magna Legalese Limited, Suleiman Hassan Gimba, described the fight against counterfeit drugs in the country as having mixed results. While NAFDAC’s efforts have led to some major seizures, fake drugs remain widespread, constituting an estimated 15-17 per cent of drugs in circulation, according to the WHO.

Gimba identified three primary obstacles: porous borders allowing easy smuggling of counterfeit drugs, corruption within regulatory agencies, and weak inter-agency coordination that hampers enforcement.
He argued that Nigeria’s penalties are too lenient compared to countries like China and India, where large-scale drug counterfeiting can result in life imprisonment or even the death penalty.

Gimba proposed that Nigeria increase fines beyond ₦500,000 to match the scale of the illegal drug market, as well as implement asset forfeiture for convicted counterfeiters and longer prison sentences to serve as a deterrent.

He also suggested that NAFDAC adopt advanced technologies like blockchain for supply chain tracking, AI-powered drug detection, and enhanced border surveillance to reduce the flow of fake medicines.
Despite years of efforts, the country‘s battle against counterfeit drugs is far from over. While NAFDAC has intensified enforcement and lawmakers are pushing for tougher penalties, weak laws, corruption, and porous borders continue to make drug counterfeiting a lucrative business.