In a major legislative move to safeguard public health, a bill designed to severely punish manufacturers and distributors of counterfeit medicines, fake drugs, and unwholesome foods has scaled its second reading in the Senate.
Titled the Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026, the legislation introduces stiffer penalties, tougher enforcement mechanisms, and rigorous regulatory oversight. Following a successful debate, Senate President Godswill Akpabio referred the bill to the Senate Committee on Health (Secondary and Tertiary) with a mandate to report back within four weeks.
The sponsor of the bill, Senator Umar Suleiman, stated that the legislation seeks to completely repeal the obsolete 2004 Act, which has proven inadequate against modern illicit operations. He noted that sophisticated criminal networks now exploit technological advancements, online marketing, and cross-border trafficking to flood Nigerian markets with dangerous medical products and adulterated consumer goods.
This bill provides a modern legal framework capable of addressing emerging threats. It is a life saving intervention designed to protect Nigerians from preventable deaths and disabilities, restore confidence in our healthcare system, and shield our legitimate pharmaceutical industry from criminal sabotage.
Senator Suleiman Umar.
The sweeping bill criminalizes every tier of the illicit supply chain including the production, importation, manufacture, transport, distribution, and possession of fake drugs or unwholesome foods. It also outlaws the manufacturing of unauthorized packaging, labels, or machinery used for counterfeiting.
Key highlights of the proposed legislation include:
Severe Jail Time: Convicted offenders will face up to 15 years in prison, alongside hefty financial fines.
Corporate Accountability: Companies and their directors found guilty will face direct corporate sanctions and asset seizures.
Victim Compensation: The law mandates formal compensation for victims or the families of those harmed by counterfeit products.
Ban on Illegal Sales: The bill explicitly outlaws the hawking and sale of medicines in unauthorized zones, including open markets, motor parks, roadside stalls, commercial buses, ferries, and unlicensed online storefronts.
To ensure seamless enforcement, the bill grants the National Agency for Food and Drug Administration and Control (NAFDAC) expanded powers. NAFDAC will be legally equipped to deploy cutting-edge product-tracking technologies, establish federal and state task forces, carry out abrupt facility raids, and tighten surveillance at all national borders and ports of entry.
Furthermore, the bill grants exclusive jurisdiction to the Federal High Court to handle these offenses, mandating accelerated prosecutions to eliminate systemic legal delays and ensure swift justice for victims.
