The Senate has advanced a bill that proposes tougher penalties for individuals and organisations involved in the production, distribution and sale of counterfeit medicines and unsafe processed foods, including a 15-year prison sentence for those caught hawking medicines illegally.
The proposed Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026 passed its second reading on Wednesday and seeks to strengthen Nigeria’s fight against fake pharmaceuticals and other harmful consumer products.
If enacted, the legislation will replace the existing law with a more comprehensive framework designed to address emerging challenges such as online drug sales, cross-border smuggling, sophisticated counterfeiting methods and organised criminal activities.
Presenting the bill, Senator Umar Suleiman said the current legal framework is no longer adequate to combat the growing threat posed by counterfeit medicines. He explained that the proposed law aims to reduce preventable deaths, improve public confidence in the healthcare system and protect legitimate pharmaceutical businesses.
The bill criminalises the manufacture, importation, transportation, distribution, sale, possession and facilitation of counterfeit medical products, fake drugs and unwholesome processed foods. It also prohibits the production or possession of fake packaging materials, labels and equipment used in manufacturing counterfeit products.
In addition, the legislation seeks to ban the sale and hawking of medicines in unauthorised locations such as open markets, motor parks, roadside stalls, public transport vehicles, ferries and unlicensed online platforms.
Senate President Godswill Akpabio said offenders could face up to 15 years imprisonment, substantial fines, compensation payments to victims or their families, forfeiture of assets linked to the offences and sanctions against companies and their directors.
The bill also proposes expanded enforcement powers for the National Agency for Food and Drug Administration and Control (NAFDAC), including the deployment of advanced product-tracking technology, the establishment of enforcement task forces, routine inspections, seizure of counterfeit products, arrest of suspects, sealing of affected premises and tighter surveillance at Nigeria’s borders and ports.
It further grants the Federal High Court exclusive jurisdiction over offences under the proposed law while providing for accelerated trials to ensure faster prosecution of offenders.
Although senators largely supported the bill, some lawmakers called for further clarification on how its provisions would align with the existing NAFDAC Act before it proceeds to the next legislative stage.
