Nigerian Senate Proposes 15-Year Jail Term for Medicine Hawkers in Tough New Anti-Fake Drugs Bill

Nigerian Senate Proposes 15-Year Jail Term for Medicine Hawkers in Tough New Anti-Fake Drugs Bill

Senate Advances Bill to Combat Counterfeit Medicines and Unsafe Food Products

Nigeria's Senate has passed for second reading a landmark bill seeking significantly tougher penalties for individuals and organisations involved in the production, sale and distribution of counterfeit medicines and unsafe food products.

If eventually signed into law, the proposed legislation would introduce a 15-year prison sentence for medicine hawkers, impose heavy fines, order the forfeiture of assets linked to counterfeit drug operations and provide compensation for victims affected by fake medical products.

The bill, officially titled the Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026 (SB.951), was sponsored by Senator Umar Suleiman, representing Kwara North.

Bill Seeks to Replace Existing Anti-Counterfeit Drug Law

The proposed legislation aims to repeal the current Counterfeit and Fake Drugs and Unwholesome Processed Foods Act and replace it with a stronger legal framework designed to address modern criminal activities.

Lawmakers said the existing law is no longer sufficient to combat:

- Online sales of counterfeit medicines

- Cross-border drug trafficking

- Sophisticated counterfeit manufacturing techniques

- Organised criminal networks

- Distribution of fake and unsafe food products

According to Senator Suleiman, the bill is intended to protect Nigerians from preventable illnesses, disabilities and deaths caused by fake medicines while restoring confidence in the country's healthcare system.

What the New Bill Will Criminalise

Under the proposed legislation, it will become a serious criminal offence to:

- Produce counterfeit medical products

- Import fake drugs

- Manufacture or distribute counterfeit medicines

- Transport or possess fake pharmaceutical products

- Sell unwholesome processed foods

- Facilitate counterfeit drug operations

- Produce counterfeit packaging materials, labels, wrappers and manufacturing equipment

The legislation also targets every stage of the counterfeit supply chain, making prosecution easier for enforcement agencies.

Medicine Hawking Could Attract 15 Years in Prison

One of the bill's strongest provisions is the proposed punishment for medicine hawking.

If passed into law, selling medicines in unauthorised locations such as:

- Open markets

- Roadside stalls

- Motor parks

- Commercial buses

- Ferries

- Unlicensed online platforms

could attract up to 15 years imprisonment, alongside substantial financial penalties.

The bill seeks to eliminate unsafe medicine sales outside licensed pharmaceutical outlets.

Tougher Powers for NAFDAC

To strengthen enforcement, the legislation grants expanded powers to the National Agency for Food and Drug Administration and Control (NAFDAC).

The agency would be authorised to:

- Deploy modern product-tracking technology

- Establish national and state enforcement task forces

- Inspect pharmaceutical facilities

- Seize counterfeit medicines

- Arrest suspects

- Seal illegal premises

- Intensify surveillance at Nigeria's borders and ports

The bill also gives the Federal High Court exclusive jurisdiction over offences arising from the law while providing for accelerated trials to ensure faster prosecution.

Senate President: Fake Drug Offenders Will Face Severe Consequences

Senate President Godswill Akpabio said offenders convicted under the proposed law could face:

- Up to 15 years imprisonment

- Heavy financial penalties

- Compensation payments to victims or their families

- Sanctions against companies and their directors

- Forfeiture of assets connected to criminal activities

He assured lawmakers that concerns regarding possible overlap with the NAFDAC Act would be addressed during committee deliberations.

Senators Describe Fake Medicines as "Instruments of Death"

The bill received overwhelming support from lawmakers across party lines.

Senator Samson Ekong described the legislation as timely, warning that counterfeit medicines have caused countless avoidable deaths across Nigeria.

Former Edo State Governor and Senator Adams Oshiomhole also backed the bill, describing fake medicines as "instruments of death."

According to him, almost every Nigerian has either suffered from counterfeit drugs or remains vulnerable to becoming a victim.

He acknowledged NAFDAC's efforts but stressed that counterfeit medicines remain widespread in both rural and urban communities, contributing to kidney disease, organ failure and other life-threatening health conditions.

Lawmakers Seek Clear Relationship with Existing NAFDAC Act

Despite broad support, several senators called for clearer legal distinctions between the proposed legislation and the existing NAFDAC Act.

Deputy Senate President Barau Jibrin urged the Senate Committee on Health to ensure the bill strengthens—not duplicates—the powers already granted to NAFDAC.

Senator Adeniyi Adegbonmire also warned against creating overlapping regulatory responsibilities.

Former Senate Leader Yahaya Abdullahi recommended inviting pharmaceutical industry stakeholders and regulators during the public hearing to determine whether amendments to existing laws could achieve the same objectives.

Similarly, Senator Victor Umeh expressed confidence that consultations with NAFDAC would help lawmakers develop the most effective legal framework.

Senate Refers Bill to Health Committee

Following its successful second reading, the Senate referred the bill to the Committee on Health (Secondary and Tertiary).

The committee has been given four weeks to conduct further legislative scrutiny, engage relevant stakeholders and submit its report before the bill proceeds to the next stage of consideration.

Why the Bill Matters

Counterfeit medicines remain one of Nigeria's most serious public health threats, exposing millions of people to ineffective or dangerous treatments.

If enacted, the proposed law would significantly strengthen the country's fight against fake drugs by introducing harsher punishments, expanding NAFDAC's enforcement powers and modernising Nigeria's anti-counterfeit legal framework to meet international standards.

Frequently Asked Questions (FAQs)

What is the proposed punishment for medicine hawking?

The bill proposes a prison sentence of up to 15 years, along with heavy fines and other penalties for individuals caught hawking medicines in unauthorised locations.

Will the bill replace the current law?

Yes. It seeks to repeal the existing Counterfeit and Fake Drugs and Unwholesome Processed Foods Act and replace it with a more comprehensive legal framework.

What new powers will NAFDAC receive?

NAFDAC would gain expanded authority to deploy product-tracking technology, inspect facilities, seize counterfeit products, arrest suspects, establish enforcement task forces and strengthen border surveillance.

Has the bill become law?

No. The bill has passed second reading in the Senate and has been referred to the Senate Committee on Health for further legislative consideration.

Why is the bill important?

The legislation aims to reduce deaths caused by counterfeit medicines, improve public health, protect legitimate pharmaceutical businesses and strengthen Nigeria's fight against fake drugs and unsafe food products.