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Senate passes bill for stiffer penalties on fake drugs, unsafe foods

By Abbanobi -Eku Onyeka

Abuja

The Senate on Wednesday passed for second reading a bill seeking tougher penalties and stronger enforcement against counterfeit medicines and unsafe processed foods.
The Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026, SB.951, is sponsored by Senator Umar Sadiq Suleiman.

Presiding over plenary, Senate President Godswill Akpabio referred the bill to the Senate Committee on Health, Secondary and Tertiary, to report back in four weeks.

Leading debate, Senator Suleiman said the bill seeks to repeal the 2004 Counterfeit and Fake Drugs Act and replace it with a modern framework.
He noted that technology, online sales, and organised crime have made the old law inadequate.

The bill criminalises the production, importation, sale, distribution and possession of fake drugs, counterfeit medical products and unwholesome foods. It also bans the sale of drugs in markets, motor parks, roadside stalls and unlicensed online platforms.

Proposed punishments include up to 15 years imprisonment, heavy fines, and compensation for victims. Corporate bodies and directors found culpable will also face sanctions.

To strengthen enforcement, the bill empowers NAFDAC to use product tracking technology, set up task forces, inspect facilities, seize products, and make arrests. It grants the Federal High Court exclusive jurisdiction and mandates accelerated trials.

Lawmakers overwhelmingly supported the bill. Senator Samson Ekong described it as long overdue, while Senator Adams Oshiomhole called fake drugs “instruments of death.”

Some senators, including Deputy Senate President Barau Jibrin, raised concerns about possible overlap with the NAFDAC Act. Barau said NAFDAC supports the bill but urged the committee to ensure no duplication of powers.

Other contributors, Adeniyi Adegbonmire, Yahaya Abdullahi and Victor Umeh, also backed the bill but called for thorough consultation during public hearing.
They said stakeholders should determine the best legislative approach. In his remarks, Akpabio said concerns about NAFDAC’s mandate had been noted and would be addressed. The bill was then referred to committee for further legislative work.

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