Ex-Enugu Lawmakers Seek Death Penalty for Counterfeit Product Makers, Drug Traffickers
The proposed bill also seeks asset forfeiture, special courts, 90-day trials and protection for retailers who unknowingly receive fake products.
By Reloaded News Desk
The Forum of Former Members of the Enugu State House of Assembly has proposed a new federal law seeking the death penalty for people convicted of manufacturing, importing, exporting or distributing counterfeit pharmaceutical products, falsified consumables and illicit hard drugs.
The proposal is contained in a legislative memorandum and draft bill dated October 21, 2026, addressed to President Bola Tinubu, the National Assembly leadership, the Chief Justice of Nigeria, the Attorney-General of the Federation and heads of relevant regulatory and security agencies.
The document, signed by the forum’s chairman, Denge Josef Onoh, is titled Counterfeit Products (Special Penal Provisions and Fast-Track Judiciary) Act, 2026.
The former lawmakers argue that counterfeit products, falsified medicines and illicit drug trafficking pose serious threats to public health, national security and the economy. They contend that stronger penalties and faster trials are needed to deter criminal networks involved in the trade.
Bill Proposes Asset Forfeiture, Special Courts
Under the proposed legislation, people convicted of the specified offences would face the death penalty, while properties and other assets linked to the crimes would be forfeited to the Federal Government.
The assets listed in the draft include real estate, processing facilities, warehouses, distribution vehicles and financial holdings proved to have been used in, or derived from, the commission of the offences.
The proposal also seeks to establish specialised fast-track divisions of the Federal High Court to handle cases under the proposed law, with proceedings expected to be concluded within 90 days of arraignment.
It further proposes stringent bail conditions for people charged with offences involving commercial quantities of counterfeit products.
The provisions remain proposals and would require legislative consideration before they could become law.
Suppliers Face Proposed ₦100m Minimum Fine
The draft bill also targets manufacturers’ agents, wholesale suppliers and distributors accused of supplying counterfeit products to retail pharmacists under the guise of genuine merchandise.
Under the proposed provisions, offending suppliers would face an administrative fine of at least ₦100 million or 200 per cent of the transaction invoice value, whichever is higher.
The draft also proposes permanent revocation of distribution licences, closure of associated facilities and punitive damages amounting to three times the verified business losses and legal fees incurred by affected retailers.
The forum’s position is that liability should extend to suppliers responsible for introducing counterfeit products into legitimate distribution networks rather than automatically punishing retailers who unknowingly purchase fake goods.
Retailers, Pharmacists to Receive Protection
The proposed law includes safeguards for licensed pharmacists, patent medicine vendors and other legitimate retailers who unknowingly obtain counterfeit products from suppliers.
Under the proposed provisions, retailers could qualify for exemption from criminal liability and certain enforcement actions if they demonstrate that they purchased the products through compliant supply chains, maintained valid invoices and delivery records, and had no criminal intent or reasonable grounds to suspect that the goods were counterfeit.
They would also be expected to remove suspected products from their stock, secure them and report the matter to the National Agency for Food and Drug Administration and Control or the Pharmacy Council of Nigeria.
The draft further proposes confidentiality and protection against retaliation for whistleblowers who report counterfeiting and falsification, alongside sanctions for officials or corporate executives who expose their identities or victimise them.
Memorandum Lists 144 Products and Categories
The memorandum includes 144 numbered entries covering consumer goods, food and beverages, personal-care products, medicines, medical devices and diagnostic products. It says the list draws on regulatory alerts and enforcement records attributed to NAFDAC.
The entries include milk brands, rice, carbonated drinks, cooking oil, honey, antibiotics, antimalarial medicines, injectable drugs, cancer treatments, insulin products, toothpaste and rapid diagnostic test kits.
However, the inclusion of a product in the memorandum should not be interpreted as proof that every item sold under that brand or product name is counterfeit. Specific claims require verification against the relevant regulatory notices.
Proposal Comes Amid Calls for Tougher Fake-Drug Laws
The proposal comes amid wider calls for stronger penalties against counterfeit medicine manufacturers and distributors.
In a separate development reported on October 20, the Pharmaceutical Society of Nigeria called for a minimum fine of ₦25 million and prison terms of between five and 20 years for fake-drug offenders, while urging lawmakers to strengthen the existing legal framework.
The Senate had also advanced a separate bill aimed at strengthening Nigeria’s legal framework against counterfeit medical products, fake drugs and unwholesome processed foods in July 2026. That proposal included penalties of up to 15 years’ imprisonment for serious offences.
The former Enugu lawmakers are asking the Presidency, the National Assembly, the judiciary, state legislatures and relevant enforcement agencies to give their proposed framework urgent consideration.
Reloaded News — NEWS THAT INFORMS. MEDIA THAT TRANSFORMS
