Senate backs bill proposing 15-year jail term for fake drug dealers

The Nigerian Senate has advanced a bill that seeks to impose significantly harsher penalties on those involved in the trade of counterfeit medicines and unsafe food products. The Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026, which passed its second reading, proposes a 15-year prison sentence for offenders, including medicine hawkers.

Sponsored by Senator Umar Suleiman, the bill aims to replace the current Counterfeit and Fake Drugs and Unwholesome Processed Foods Act. It introduces measures such as asset forfeiture, compensation for victims, and enhanced enforcement powers for the National Agency for Food and Drug Administration and Control (NAFDAC). The legislation is designed to address contemporary challenges, including the rise of online drug sales, international trafficking, sophisticated counterfeiting methods, and organized criminal networks.

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This bill criminalises the production, importation, manufacture, transportation, distribution, sale, possession and facilitation of counterfeit medical products, fake drugs and unwholesome processed foods.

Senator Suleiman highlighted that the existing law is inadequate for current threats, emphasizing that the proposed legislation will protect Nigerians from preventable deaths and disabilities caused by fake medicines. The bill explicitly criminalizes the production, importation, distribution, sale, and facilitation of counterfeit products, as well as the use of counterfeit packaging and equipment. It also prohibits the sale of medicines in unauthorized locations like open markets and online platforms.

Senate President Godswill Akpabio noted that concerns regarding the bill's relationship with the NAFDAC Act would be addressed in committee. The proposed law grants NAFDAC expanded powers, including the use of tracking technologies, establishment of task forces, facility inspections, product seizures, and enhanced port surveillance. The Federal High Court would have exclusive jurisdiction over offenses under the bill, with provisions for accelerated trials.

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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.