By Jerrywright Ukwu

The senate has passed for second reading a bill seeking to impose stiffer penalties, strengthen enforcement powers, and establish a comprehensive legal framework to combat counterfeit medical products, fake drugs and unwholesome processed foods..

The proposed legislation, titled “the counterfeit medical products, fake drugs and unwholesome processed foods (prohibition and control) bill, 2026 (SB. 951), was sponsored by Umar Sadiq, senator representing Kwara north.

Leading the debate, Suleiman said the bill seeks to repeal the Counterfeit and Fake Drugs and Unwholesome Processed Foods Act, Cap. C34, Laws of the Federation of Nigeria, 2004, and replace it with a modern legal framework capable of addressing emerging threats posed by counterfeit medicines, fake drugs, adulterated cosmetics, mislabelled chemicals and unsafe processed foods..

The lawmaker said advances in technology, online marketing, cross-border trafficking and organised criminal networks had rendered the existing law inadequate to tackle the growing menace.

According to him, the legislation is aimed at protecting Nigerians from preventable deaths and disabilities caused by fake medicines while restoring confidence in the country’s healthcare system and pharmaceutical industry.

KEY ITEMS IN THE BILL

The proposed bill 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 counterfeit production.

The legislation further outlaws the sale or hawking of drugs in unauthorised locations, including markets, motor parks, roadside stalls, buses, ferries and unlicensed online platforms.

It prescribes prison terms of up to 15 years for serious offences, heavy fines, compensation for victims or their families, and sanctions against corporate organisations and their directors found culpable.

The bill also empowers the National Agency for Food and Drug Administration and Control (NAFDAC) to deploy modern product tracking technologies, establish national and state enforcement task forces, inspect facilities, seize counterfeit products, arrest suspects, seal offending premises and strengthen surveillance at Nigeria’s ports of entry.

It further grants exclusive jurisdiction to the federal high court to hear cases arising from the Act and mandates accelerated trial of offences to prevent delays in prosecution.

Describing the legislation as a life-saving intervention, Suleiman said the proposal goes beyond punishment by protecting public health, safeguarding legitimate businesses, improving consumer confidence and aligning Nigeria’s anti-counterfeit regime with global best practices.

The bill received broad support from lawmakers during debate.

Samson Ekong, senator representing Akwa Ibom south, described the legislation as timely and long overdue, lamenting that counterfeit medicines had become so widespread that “the principal beneficiaries” were casket makers due to avoidable deaths.

He said the senate had a duty to send a clear message that the business of trading in fake medicines must end through effective deterrent penalties that protect lives and public health.

Adams Oshiomhole, senator representing Edo north, said virtually every Nigerian had either been a victim or is at risk of becoming a victim of fake drugs.

While acknowledging NAFDAC’s efforts, Oshiomhole said counterfeit medicines remain rampant across rural and urban communities, contributing to rising cases of kidney disease and other organ failures.

He described fake medicines as “instruments of death” and urged lawmakers to support stronger legal sanctions against offenders.

Some senators, however, raised concerns over possible overlaps between the proposed legislation and the NAFDAC Act.

Barau Jibrin, deputy senate president, supported the bill but stressed the need to clearly establish its relationship with the agency’s enabling law.

He said concerns about a possible conflict with the NAFDAC Act had been addressed after it became clear that the agency itself supported the legislation because of gaps in the existing legal framework.

Barau urged the committee to demonstrate that the proposed legislation is intended to strengthen, rather than duplicate NAFDAC’s statutory powers.

Adeniyi Adegbonmire, senator representing Ondo central, commended the objectives of the bill but sought clarifications whether many of its provisions are already covered under the NAFDAC Act, warning against unnecessary duplication of regulatory responsibilities.

Yahaya Abdullahi, former senate leader, supported the bill’s second reading but recommended that the committee invite pharmaceutical companies and relevant regulators to the public hearing.

According to him, stakeholders should determine whether the objectives of the proposal would be better achieved through amendments to the NAFDAC Act rather than by creating overlapping regulatory provisions.

Victor Umeh, senator representing Anambra central, said combating counterfeit drugs and unsafe food products already falls within NAFDAC’s statutory responsibilities.

He nevertheless backed the bill’s progression to the next legislative stage, expressing confidence that consultations with NAFDAC during the public hearing would enable lawmakers to take an informed decision on the final shape of the legislation.

Senate President Godswill Akpabio referred the bill to the senate committee on health (secondary and tertiary) for further legislative work, directing it to report back within four weeks.

Akpabio thanked senators for their contributions and said concerns about the relationship between the proposed law and the NAFDAC Act had been adequately highlighted.

He said the issues raised would be addressed during the public hearing before the committee submits its report to the senate within four weeks.

Source : TheCable