Senate backs bill proposing 15-year jail term for fake drug dealers

The Senate on Wednesday passed for second reading a bill seeking stiffer penalties for offenders involved in counterfeit medicines and unsafe food products, including a proposed 15-year jail term for medicine hawkers.

The proposed Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026 (SB.951), sponsored by the Senator representing Kwara North, Umar Suleiman, also provides for asset forfeiture, compensation for victims and stronger enforcement powers for the National Agency for Food and Drug Administration and Control.

If passed into law, the bill will repeal the existing Counterfeit and Fake Drugs and Unwholesome Processed Foods Act, replacing it with a new legal framework designed to address emerging threats such as online drug sales, cross-border trafficking, sophisticated counterfeiting techniques and organised criminal networks.

Leading the debate, Suleiman said the current law had become inadequate to tackle the evolving nature of counterfeit drug operations.

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 the legitimate pharmaceutical industry.

He said, “This bill criminalises the production, importation, manufacture, transportation, distribution, sale, possession and facilitation of counterfeit medical products, fake drugs and unwholesome processed foods.

“It also outlaws the production or possession of counterfeit labels, wrappers, packaging materials and equipment used in the manufacture of fake products.”

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

In his remarks, Senate President Godswill Akpabio thanked senators for their contributions, saying concerns over the relationship between the proposed legislation and the NAFDAC Act would be addressed during the committee stage.

“Offenders risk up to 15 years’ imprisonment, heavy fines, compensation to victims or their families, sanctions against corporate organisations and their directors, as well as forfeiture of assets linked to the offences,” Akpabio said.

To strengthen enforcement, the bill empowers NAFDAC to deploy modern product-tracking technologies, establish national and state enforcement task forces, inspect facilities, seize counterfeit products, arrest suspects, seal premises and intensify surveillance at the nation’s ports of entry.

It also grants the Federal High Court exclusive jurisdiction over offences under the proposed law and provides for accelerated trials to speed up prosecution.

Suleiman described the bill as a critical public health intervention that would protect consumers, safeguard legitimate businesses and align Nigeria’s anti-counterfeit framework with international best practices.

The proposal received overwhelming support from senators, although some lawmakers called for clarity on its relationship with the existing NAFDAC Act.

The Senator representing Akwa Ibom South, Samson Ekong, described the bill as timely, warning that the proliferation of fake medicines had led to avoidable deaths across the country.

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 contributing, the Senator representing Edo North, Adams Oshiomhole, said virtually every Nigerian was either a victim of, or at risk of becoming a victim of, fake medicines.

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

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

However, Deputy Senate President Barau Jibrin cautioned that the committee handling the bill should clearly define its relationship with the NAFDAC Act to avoid duplication of responsibilities.

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.

The Senator representing Ondo Central, Adeniyi Adegbonmire, also supported the bill but questioned whether some of its provisions were already covered under the NAFDAC Act, warning against overlapping regulatory functions.

Former Senate Leader Yahaya Abdullahi, who represents Kebbi North, backed the bill but recommended that pharmaceutical stakeholders and relevant regulators be invited to the public hearing.

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

Similarly, the Senator representing Anambra Central, Victor Umeh, noted that combating fake drugs and unsafe food products already falls within NAFDAC’s statutory mandate but supported the bill’s progression.

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

Following its second reading, the bill was referred to the Senate Committee on Health (Secondary and Tertiary), which was given four weeks to submit its report.