The Senate has passed for second reading a bill seeking to strengthen Nigeria’s legal framework against counterfeit medicines, fake drugs and unsafe processed foods by introducing tougher penalties, stricter enforcement measures and tighter regulatory controls.
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 and has been referred to the Senate Committee on Health (Secondary and Tertiary) for further legislative work. The committee is expected to submit its report within four weeks.
Leading the debate, Suleiman said the bill seeks to repeal the outdated Counterfeit and Fake Drugs and Unwholesome Processed Foods Act, 2004, replacing it with a more robust legal framework capable of addressing emerging threats from counterfeit medicines, adulterated cosmetics, mislabelled chemicals and unsafe processed foods.
He noted that advances in technology, online marketing, cross-border trafficking and the growing involvement of organised criminal networks have exposed the limitations of the existing law in combating counterfeit products.
According to the lawmaker, the bill is designed to reduce preventable deaths and disabilities linked to fake medicines, restore public confidence in Nigeria’s healthcare system and strengthen the country’s pharmaceutical sector.
The proposed legislation 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 producing counterfeit goods.
In addition, the bill bans the sale and hawking of drugs in unauthorised locations, including markets, motor parks, roadside stalls, buses, ferries and unlicensed online platforms.
If passed into law, offenders convicted of serious violations could face up to 15 years in prison, in addition to hefty fines, compensation for victims or their families, and sanctions against corporate organisations and their directors found guilty of offences under the Act.
To strengthen enforcement, the bill empowers National Agency for Food and Drug Administration and Control 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.
The legislation also grants exclusive jurisdiction over offences under the proposed law to the Federal High Court and provides for accelerated prosecution to ensure speedy trials.
Describing the bill as a life-saving intervention, Senator Suleiman said it is aimed not only at punishing offenders but also at protecting public health, safeguarding legitimate businesses, boosting consumer confidence and aligning Nigeria’s anti-counterfeit laws with global best practices.
