The Senate has proposed a new law that would impose up to 15 years imprisonment on anyone caught hawking medicines or selling drugs at unauthorised locations as part of efforts to curb the circulation of counterfeit pharmaceuticals and protect public health.
The proposed legislation, titled the Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026 (SB.951), passed its second reading on Wednesday. Sponsored by Senator Umar Suleiman, who represents Kwara North, the bill seeks to replace the existing law governing counterfeit drugs with a stronger legal framework.
If passed, the law will prohibit the sale and hawking of medicines in open markets, motor parks, roadside stalls, buses, ferries and other unauthorised outlets. It will also target the sale of drugs through unlicensed online platforms, reflecting growing concerns over the rise of illegal internet pharmacies.
Presenting the bill, Senator Suleiman said the current legislation is no longer sufficient to tackle modern counterfeit drug networks, which now employ sophisticated production methods, cross-border trafficking and online distribution channels.
He explained that the proposed law 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 fake labels, packaging materials and equipment used in manufacturing counterfeit products.
The bill introduces tougher penalties for offenders, including prison terms of up to 15 years, substantial fines, compensation for victims or their families, forfeiture of assets linked to criminal activities and sanctions against companies and their directors found guilty of violating the law.
To improve enforcement, the legislation grants the National Agency for Food and Drug Administration and Control (NAFDAC) wider powers to deploy product-tracking technologies, establish enforcement task forces, inspect facilities, seize counterfeit products, arrest suspects, seal premises and strengthen surveillance at Nigeria’s borders and ports of entry.
The proposed law also gives the Federal High Court exclusive jurisdiction over offences arising under the legislation and provides for accelerated trials to ensure faster prosecution of offenders.
Senate President Godswill Akpabio welcomed the bill and assured lawmakers that concerns about its relationship with the existing NAFDAC Act would be addressed during the committee stage. He said the proposed legislation is aimed at strengthening Nigeria’s fight against fake medicines and unsafe food products.
The bill received broad support from senators, who described it as an important step toward protecting consumers, strengthening the pharmaceutical sector and aligning Nigeria’s anti-counterfeit laws with international standards.
