Senate Moves To Tighten Noose On Fake Drugs, Unsafe Foods

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ABUJA – The Senate on Wednesday took a major step towards tightening Ni­geria’s legal regime against coun­terfeit medicines and unsafe food products, passing for second read­ing a bill seeking stiffer penalties, stronger enforcement powers and a comprehensive framework to combat fake drugs, adulterated medical products and unwhole­some processed foods.

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

Leading the debate, Senator Suleiman said the bill seeks to repeal the obsolete Counterfeit and Fake Drugs and Unwhole­some Processed Foods Act, Cap. C34, Laws of the Federation of Nigeria, 2004, replacing it with a modern legal framework capable of addressing emerging threats posed by counterfeit medicines, fake drugs, adulterated cosmetics, mislabelled chemicals and unsafe processed foods.

He noted that advances in technology, online marketing, cross-border trafficking and or­ganised criminal networks had rendered the existing law inad­equate to effectively tackle the growing menace.

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

Among its major objectives, 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 outlaws the manufacture or possession of labels, wrappers, packaging mate­rials and equipment intended for counterfeit production.

The bill further prohibits the sale or hawking of drugs in un­authorised locations, including markets, motor parks, roadside stalls, buses, ferries and unli­censed online platforms.

It proposes stringent punish­ments, including prison terms of up to 15 years for serious offenc­es, heavy fines, compensation for victims or their families and sanctions against corporate or­ganisations and their directors found culpable.

To strengthen enforcement, the bill 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 Ni­geria’s ports of entry.

The legislation also grants ex­clusive jurisdiction to the Federal High Court to hear cases arising from the Act and mandates accel­erated trial of offences to prevent delays in prosecution.

Describing the legislation as a life-saving intervention, Senator Suleiman said the proposal goes beyond punishment by seeking to protect public health, safeguard legitimate businesses, improve consumer confidence and align Nigeria’s anti-counterfeit regime with global best practices.

The bill received overwhelm­ing support from lawmakers during debate.

Senator Samson Ekong de­scribed the legislation as timely and long overdue, lamenting that counterfeit medicines had become so widespread that “the principal beneficiaries” were casket makers due to avoidable deaths.

He said the Senate had a duty to send a clear message that the business of trading in fake medi­cines must end through effective deterrent penalties that protect lives and public health.

Also contributing, Adams Os­hiomhole said virtually every Ni­gerian had either been a victim or was at risk of becoming a victim of fake drugs.

While acknowledging the ef­forts of NAFDAC, he observed that counterfeit medicines re­mained rampant across both rural and urban communities, contributing to rising cases of kidney disease and other organ failures.

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

However, some senators raised concerns over possible overlaps with the existing man­date of NAFDAC.

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

He disclosed that concerns about possible conflict with the agency’s enabling law had been addressed after it became clear that NAFDAC itself supported the legislation because of gaps in the existing legal framework.

Barau urged the committee handling the bill to clearly demon­strate that the proposed legisla­tion was intended to strengthen not duplicate the powers of NAF­DAC.

Similarly, Adeniyi Adegbon­mire commended the objectives of the bill but questioned wheth­er many of its provisions were already covered under the NAF­DAC Act, warning against unnec­essary duplication of regulatory responsibilities.

Former Senate Leader, Yaha­ya Abdullahi, also supported the bill’s second reading but recom­mended that the committee invite the entire pharmaceutical pro­fession and relevant regulators during the public hearing.

According to him, stakehold­ers should determine whether the objectives of the proposal would be better achieved through amendments to the NAFDAC Act rather than creating overlapping regulatory provisions.

In the same vein, Victor Umeh observed that combating counter­feit drugs and unsafe food prod­ucts already falls within NAF­DAC’s statutory responsibilities.

He nevertheless backed the bill’s progression to the next legislative stage, expressing confidence that consultations with NAFDAC during the public hearing would enable lawmakers to take an informed decision on the final shape of the legislation.