Senate Backs 15-Year Jail Term, Asset Forfeiture for Fake Drug Offenders

* Bill empowers NAFDAC with advanced tracking technology

Sunday Aborisade in Abuja

The Senate on Wednesday took a major step towards strengthening Nigeria’s war against counterfeit medicines by passing for second reading a bill prescribing a maximum jail term of 15 years, multi-million-naira fines, total asset forfeiture and mandatory compensation for victims of fake drug-related offences.

The proposed legislation, titled ‘Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026’, seeks to repeal and replace the existing 2004 law, which lawmakers described as obsolete and incapable of addressing the sophistication of modern counterfeit drug syndicates.

Leading the debate, the sponsor of the bill, Senator Suleiman Umar Sadiq (APC, Kwara North), painted a grim picture of the dangers posed by fake medicines, describing them as “weapons of mass destruction” that constitute a grave threat to public health and national security.

According to him, the existing legal framework has become ineffective against criminal networks that now deploy advanced manufacturing techniques, digital platforms and cross-border smuggling operations to flood Nigerian markets with counterfeit products.

“Healthcare is a fundamental responsibility of government, and Nigerians deserve medicines that are genuine, safe and effective,” Sadiq said.

“Sadly, this expectation is too often betrayed by criminal networks whose only objective is to profit at the expense of human lives,” he added.

He warned that the counterfeit trade had expanded beyond prescription drugs to include adulterated cosmetics, contaminated packaged water and other unwholesome processed foods sold in open markets, motor parks, roadside shops and online platforms.

To address the growing menace, the bill proposes stiffer sanctions, including prison terms of up to 15 years for convicted offenders, substantial financial penalties, forfeiture of assets linked to the crime and compulsory financial compensation to victims or their families.

The legislation also seeks to strengthen the enforcement powers of the National Agency for Food and Drug Administration and Control (NAFDAC), enabling it to deploy modern product tracking and tracing technologies capable of detecting counterfeit medical products across the supply chain.

In addition, it proposes the establishment of a national multi-agency task force comprising NAFDAC, the Nigeria Police Force, the Nigeria Customs Service, the Nigeria Immigration Service and the Pharmacy Council of Nigeria to coordinate intelligence gathering and dismantle cross-border smuggling networks.

To fast-track prosecution, the bill vests exclusive jurisdiction over counterfeit drug cases in the Federal High Court, provides for accelerated trial procedures and recognises electronic evidence in criminal proceedings.

Lawmakers unanimously supported the proposed legislation, with the President of the Senate, Senator Godswill Akpabio, referring it to the Senate Committee on Health (Secondary and Tertiary) for further legislative scrutiny.

The committee is expected to submit its report to the Senate in the coming weeks.

Also on Wednesday, the Senate passed for second reading another healthcare-related bill seeking to establish a comprehensive legal framework for electronic health services in Nigeria.

The bill, sponsored by the Deputy President of the Senate, Senator Barau Jibrin, is designed to regulate and coordinate the deployment of digital healthcare services nationwide.

It is titled ‘A Bill for an Act to Provide for a Comprehensive Legal and Regulatory Framework for the Development, Coordination and Integration of Electronic Health Services in Nigeria and for Related Matters, 2026 (SB. 758).’

The proposed legislation seeks to provide the legal foundation for telemedicine, electronic medical records, digital health information management and the integration of health data across healthcare institutions.

The bill is expected to improve access to healthcare through digital platforms, strengthen the management and security of health information and promote greater coordination within the country’s healthcare system.

It also aims to align Nigeria’s health sector with global digital health standards by creating uniform regulations for the deployment of electronic health services while encouraging innovation and improving service delivery.

Following unanimous approval by the Senate, Akpabio referred the bill to the Senate Committee on Health (Secondary and Tertiary), directing it to consult relevant stakeholders and report back to the chamber within four weeks.

If eventually passed by the National Assembly and assented to by the president, the proposed legislation is expected to provide Nigeria with its first comprehensive legal framework for regulating electronic healthcare delivery while complementing ongoing efforts to modernise the country’s health sector.