Senators during plenary in Abuja, where the Senate passed for second reading a bill proposing tougher penalties and stronger enforcement measures against counterfeit medicines, fake drugs and unsafe processed foods
The Senate has passed for second reading a bill seeking to strengthen Nigeria’s legal framework against counterfeit medicines, fake drugs and unwholesome processed foods through tougher penalties, stricter regulation and enhanced enforcement.
The proposed legislation, sponsored by Senator Umar Suleiman, seeks to repeal the existing Counterfeit and Fake Drugs and Unwholesome Processed Foods Act of 2004 and replace it with a modern law to address emerging threats posed by counterfeit medical products, adulterated cosmetics, mislabelled chemicals and unsafe processed foods.
Leading the debate during plenary, Senator Suleiman said technological advances, online marketing, cross-border trafficking and organised criminal networks have exposed weaknesses in the current law, making stronger legislation necessary.
He said the bill is designed to protect Nigerians from preventable deaths and disabilities caused by fake medicines, restore public confidence in the healthcare system and strengthen the country’s pharmaceutical industry.
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 prohibits the manufacture or possession of labels, wrappers, packaging materials and equipment intended for producing counterfeit products.
Under the bill, the sale and hawking of drugs in unauthorised locations, including markets, motor parks, roadside stalls, buses, ferries and unlicensed online platforms, would become an offence.
The legislation prescribes penalties of up to 15 years’ imprisonment, alongside substantial fines, compensation for victims or their families and sanctions against companies and their directors found guilty of violating the law.
To strengthen enforcement, the bill empowers the National Agency for Food and Drug Administration and Control (NAFDAC) to deploy modern product-tracking technology, inspect facilities, seize counterfeit products, arrest suspects, seal offending premises and improve surveillance at Nigeria’s borders.
It also grants exclusive jurisdiction to the Federal High Court over offences arising under the proposed law and provides for accelerated prosecution of offenders.
Following its second reading, the Senate referred the bill to the Committee on Health (Secondary and Tertiary), which is expected to submit its report within four weeks.
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