Senate Advances Bill to Jail Fake Drug Hawkers for Up to 15 Years

The Senate on Wednesday passed for second reading a bill seeking to impose tougher sanctions on the production, distribution and sale of counterfeit medicines, fake drugs and unsafe processed foods, including a proposed 15-year jail term for offenders.

The proposed legislation, titled Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026 (SB.951), was sponsored by Senator Umar Sadiq Suleiman and referred by Senate President Godswill Akpabio to the Senate Committee on Health (Secondary and Tertiary) for further legislative work. The committee is expected to report back within four weeks.

Leading the debate, Senator Suleiman said the bill seeks to repeal the outdated Counterfeit and Fake Drugs and Unwholesome Processed Foods Act of 2004 and replace it with a modern legal framework capable of addressing emerging threats posed by counterfeit medicines, adulterated medical products, fake cosmetics, mislabelled chemicals and unsafe processed foods.

He explained that technological advances, online sales, cross-border trafficking and the activities of organised criminal networks have exposed weaknesses in the existing law, making stronger legislation necessary to protect public health.

Under the proposed law, the production, importation, manufacture, transportation, distribution, sale, possession and facilitation of counterfeit medical products and fake drugs would become serious criminal offences. It also criminalises the manufacture or possession of counterfeit packaging materials, labels, wrappers and equipment used in producing fake products.

The bill further seeks to outlaw drug hawking and the sale of medicines in unauthorised locations such as open markets, motor parks, roadside stalls, buses, ferries and unlicensed online platforms.

Offenders could face prison terms of up to 15 years, substantial fines, compensation to victims or their families, while corporate organisations and their directors found guilty would also be liable to sanctions.

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 offending premises and strengthen surveillance at the nation’s borders.

It also grants exclusive jurisdiction to the Federal High Court to hear cases arising from the proposed law and provides for accelerated trial of offenders to ensure swift justice.

Describing the bill as a life-saving intervention, Senator Suleiman said it is designed not only to punish offenders but also to restore confidence in Nigeria’s healthcare system, protect legitimate businesses and align the country’s anti-counterfeit laws with international best practices.

Lawmakers overwhelmingly supported the proposal 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 the avoidable deaths they caused.

Senator Adams Oshiomhole said fake drugs remained a major threat despite NAFDAC’s efforts, describing them as “instruments of death” linked to rising cases of kidney disease and other organ failures. He urged lawmakers to strengthen the legal framework to deter offenders.

Some senators, however, raised concerns about possible overlaps with the existing powers of NAFDAC.

Deputy Senate President Barau Jibrin noted that while the agency supports the bill, the Senate Committee should ensure the proposed law complements rather than duplicates the provisions of the NAFDAC Act.

Senators Adeniyi Adegbonmire, Yahaya Abdullahi and Victor Umeh also called for broad stakeholder consultations during the public hearing to determine whether the objectives of the bill would be better achieved through amendments to the NAFDAC Act or by enacting a separate law.

In his closing remarks, Senate President Godswill Akpabio said the concerns raised by lawmakers would be thoroughly examined during the public hearing before the bill returns to the Senate for further consideration.

If eventually passed and signed into law, the legislation is expected to significantly strengthen Nigeria’s fight against counterfeit medicines, drug hawking and unsafe food products while imposing stiffer penalties on those who endanger public health.