Senate moves to impose 15-year jail term, asset forfeiture

From Adesuwa Tsan, Abuja

Manufacturers and distributors of fake drugs, counterfeit medical products and unwholesome processed foods could face up to 15 years imprisonment, multi-million-naira fines, forfeiture of assets and mandatory compensation for victims if a bill before the Senate eventually becomes law.

The proposed legislation, which scaled second reading on Wednesday, seeks to strengthen Nigeria’s legal framework against the growing menace of counterfeit medicines by replacing the existing law with tougher sanctions, expanded enforcement powers and faster prosecution of offenders.

Sponsored by Sulaiman Sadiq, the Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026 seeks to repeal and replace the Counterfeit and Fake Drugs and Unwholesome Processed Foods Act, 2004, which lawmakers described as outdated and inadequate to tackle increasingly sophisticated criminal networks.

Leading the debate, Sadiq described counterfeit medicines as “weapons of mass destruction,” warning that the illicit trade now poses a major threat to public health and national security.

According to him, healthcare remains a fundamental responsibility of government and Nigerians deserve access to genuine, safe and effective medicines, but criminal syndicates continue to flood the country with fake products for profit.

He noted that the problem has expanded beyond pharmaceuticals to include adulterated cosmetics, contaminated packaged water and unwholesome processed foods sold in open markets, motor parks, roadside shops and online platforms.

To tackle the challenge, the bill retains the National Agency for Food and Drug Administration and Control (NAFDAC) as the lead regulatory agency while granting it enhanced powers to deploy modern product tracking and tracing technologies.

It also proposes the establishment of a multi-agency national task force comprising NAFDAC, the Nigeria Police Force, the Nigeria Customs Service, the Nigeria Immigration Service and the Pharmacy Council of Nigeria to combat cross-border smuggling and the distribution of counterfeit products.

The proposed legislation further designates the Federal High Court as the court with exclusive jurisdiction over offences under the Act, provides for accelerated trial of cases and recognises electronic evidence to facilitate prosecution and secure quicker convictions.

Following widespread support during debate, the Senate referred the bill to the Committee on Health (Secondary and Tertiary) for further legislative work and a report back to the chamber.

In a related development, the Senate also passed for second reading a bill seeking to establish a legal and regulatory framework for electronic health services in Nigeria.

The bill, sponsored by Deputy Senate President, Jibrin Barau, aims to provide the legal foundation for the development, coordination and regulation of digital healthcare services nationwide.

If enacted, the legislation would support the adoption of telemedicine, electronic medical records, digital health information management and the integration of health data across healthcare institutions.

Lawmakers said the measure would improve access to healthcare through digital platforms, strengthen the security and management of health information, encourage innovation and align Nigeria’s healthcare system with global digital health standards.

The Senate referred the bill to the Committee on Health (Secondary and Tertiary), which is expected to submit its report within four weeks.