The Senate on Wednesday passed for second reading a bill seeking tougher sanctions against manufacturers and distributors of counterfeit medicines.
The proposed sanctions include a 15-year jail term, asset forfeiture, hefty fines, and compensation for victims of fake drug-related deaths or grievous bodily harm.
The proposed legislation, titled the Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026, aims to repeal and replace the existing Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act, Cap C34, Laws of the Federation of Nigeria, 2004.
The sponsor of the bill, Senator Sulaiman Umar Sadiq, who led the debate on the floor, described counterfeit medicines as a major public health and national security threat requiring urgent legislative intervention.
According to him, the existing law, enacted over two decades ago, has become inadequate in addressing the increasingly sophisticated operations of counterfeit drug syndicates.
“This bill represents a decisive legislative response to one of the gravest public health and national security challenges confronting our nation,” Sadiq said.
“Healthcare is a fundamental responsibility of government and Nigerians deserve medicines that are genuine, safe and effective. Sadly, this expectation is too often betrayed by criminal networks whose only objective is to profit at the expense of human lives.”
The lawmaker warned that counterfeit medicines have continued to endanger lives across the country, worsening health outcomes and undermining confidence in the healthcare system.
“Counterfeit medicines are weapons of mass destruction. They claim the lives of infants, deny mothers effective treatment during childbirth, aggravate chronic illnesses, fuel antimicrobial resistance and erode public confidence in our healthcare system,” he said.
Sadiq noted that the menace has expanded beyond fake drugs to include adulterated cosmetics, contaminated packaged water and unwholesome processed foods sold through open markets, roadside shops, unlicensed premises and online platforms.
He said advances in technology and the growth of digital commerce have enabled criminal networks to manufacture, market and distribute counterfeit products on a larger scale, often across national borders.
The bill also seeks to empower courts to seal facilities used for the production or sale of counterfeit products and prohibits convicted offenders from participating in pharmaceutical businesses for specified periods.
Corporate organisations found culpable would face criminal sanctions, while directors and company officials involved in such offences could be held personally liable.
In a bid to dismantle the financial networks sustaining the illicit trade, the bill introduces robust asset recovery provisions, including the seizure, freezing and forfeiture of assets linked to counterfeit drug operations.
“Counterfeit medicine has become an extremely profitable organised criminal enterprise. Accordingly, this bill ensures that offenders not only lose their liberty but also forfeit the proceeds of their criminal activities,” Sadiq said.
The proposed law further provides for the destruction of counterfeit products, international cooperation in asset recovery and the establishment of an Asset Recovery Fund to support enforcement efforts.
According to the sponsor, the measures are intended to remove the financial incentives driving the counterfeit drug trade.
The bill retains the National Agency for Food and Drug Administration and Control (NAFDAC) as the lead enforcement agency while granting it additional powers to deploy modern product tracking and tracing technologies.
It also proposes the establishment of national and state task forces comprising NAFDAC, the Nigeria Police Force, Nigeria Customs Service, Nigeria Immigration Service, the Pharmacy Council of Nigeria and other relevant agencies to strengthen intelligence sharing, surveillance and coordinated enforcement operations.
To fast-track prosecution of offenders, the bill vests exclusive jurisdiction in the Federal High Court, provides for accelerated hearing of cases, recognises electronic evidence and empowers NAFDAC legal officers to undertake specialised prosecutions.
Sadiq said the legislation would protect public health, strengthen regulatory enforcement, safeguard legitimate pharmaceutical manufacturers and improve Nigeria’s compliance with international standards on medicine quality and food safety.
He added that the bill would also help combat the growing links between counterfeit medicine trafficking, organised crime, smuggling and money laundering.
“Its enactment will strengthen regulatory enforcement, protect public health, promote confidence in our healthcare institutions, and safeguard the lives of present and future generations of Nigerians,” he said.
Following deliberations, the Senate unanimously passed the bill for second reading and referred it to the Senate Committee on Health (Secondary and Tertiary) for further legislative action and report.
(The Whistler)
