Senate moves to criminalise drug hawking, others, proposes 15-year jail term for offenders

The Senate Wednesday passed  for second reading a bill seeking stiffer penalties, stronger enforcement powers and a comprehensive framework to combat fake drugs, adulterated medical products and unwholesome processed foods.

The bill sponsored by Senator Umar Sadiq Suleiman ( Kwara North), specifically criminalises the production, importation, manufacture, transportation, distribution, sale, possession and facilitation of counterfeit medical products, fake drugs and unwholesome processed foods.

It also outlaws the manufacture or possession of labels, wrappers, packaging materials and equipment intended for counterfeit production by proposing 15-year jail term for offenders.

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

It proposes stringent punishments, including 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.

In his lead debate , Senator Suleiman said the bill seeks to repeal the obsolete Counterfeit and Fake Drugs and Unwholesome Processed Foods Act, Cap. C34, Laws of the Federation of Nigeria, 2004, replacing 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.

He noted that advances in technology, online marketing, cross-border trafficking and organised criminal networks had rendered the existing law inadequate to effectively tackle the growing menace.

According to him, the legislation is fundamentally 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.

To strengthen enforcement, the bill according to him, 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.

Describing the legislation as a life-saving intervention, Senator Suleiman said the proposal goes beyond punishment by seeking to protect public health, safeguard legitimate businesses, improve consumer confidence and align Nigeria’s anti-counterfeit regime with global best practices.

The bill received overwhelming support from Senators who contributed to debate on it  during debate one of whom is Senator Samson Ekong ( Akwa Ibom South) who  described the legislation as timely and long overdue, saying ”  counterfeit medicines had become so widespread that the principal beneficiaries  are casket makers due to avoidable deaths”.

Deputy Senate President Barau Jibrin  also supported the bill but stressed the need to clearly establish its relationship with the NAFDAC Act.

He urged the committee handling the bill to clearly demonstrate that the proposed legislation was intended to strengthen not duplicate the powers of NAFDAC.

In his remarks before referring the bill to committee, Senate President Akpabio thanked senators for their robust contributions, noting that concerns over the relationship between the proposed law and NAFDAC had been adequately highlighted and would be addressed during the public hearing.

Following the voice votes in favour of the second reading of the bill,  Akpabio thereafter referred the bill to the Senate Committee on Health (Secondary and Tertiary), directing it to submit its report to the Senate within four weeks.