The Senate has proposed a jail term of 15 years for medicine hawkers in a Bill prohibiting the sale and hawking of medicines at unauthorised locations, including open markets, motor parks, roadside stalls, buses, ferries and unlicensed online platforms.
The proposed Bill passed for second reading on Wednesday, also seek stiffer penalties for offenders involved in counterfeit medicines and unsafe food products.
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.”
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
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