By Chinedu Echianu
The Senate on Wednesday passed for second reading a bill seeking to strengthen Nigeria’s legal framework against counterfeit medicines, fake drugs and unsafe processed foods by introducing stiffer penalties, stricter regulatory controls and enhanced enforcement measures.
The proposed legislation, titled the Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026, was sponsored by Senator Umar Suleiman. 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.
Leading the debate, Senator Suleiman said the bill seeks to repeal the outdated Counterfeit and Fake Drugs and Unwholesome Processed Foods Act, Laws of the Federation of Nigeria, 2004, and replace it with a modern legal framework capable of addressing emerging threats posed by counterfeit medicines, adulterated cosmetics, mislabelled chemicals and unsafe processed foods.
He said technological advancements, online marketing, cross-border trafficking and the activities of organised criminal networks have exposed the limitations of the existing law in tackling the growing menace of counterfeit products.
According to the lawmaker, the proposed legislation is aimed at protecting Nigerians from preventable deaths and disabilities caused by fake medicines, restoring public confidence in the healthcare system and strengthening the country’s pharmaceutical industry.
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 prohibits the manufacture or possession of labels, wrappers, packaging materials and equipment intended for the production of counterfeit products.
In addition, the legislation seeks to outlaw the sale and hawking of drugs in unauthorised locations, including markets, motor parks, roadside stalls, buses, ferries and unlicensed online platforms.
The proposed law prescribes penalties of up to 15 years’ imprisonment for serious offences, alongside hefty fines, compensation for victims or their families, and sanctions against corporate organisations and their directors found guilty of violating its provisions.
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 enhance surveillance at Nigeria’s ports of entry.
It also grants exclusive jurisdiction to the Federal High Court over offences arising under the proposed Act and provides for accelerated prosecution to reduce delays in the trial of offenders.
Describing the bill as a life-saving intervention, Senator Suleiman said the legislation goes beyond punishing offenders by protecting public health, safeguarding legitimate businesses, boosting consumer confidence and aligning Nigeria’s anti-counterfeit regime with international best practices.
