Ex-PDP spokesperson canvasses stiffer penalties for fake drugs, adulterated goods producers

A former National Publicity Secretary of the Peoples Democratic Party (PDP), Olisa Metuh, has urged the National Assembly to amend relevant laws on counterfeit products to prescribe stiffer penalties for those involved in the production and distribution of fake drugs and other adulterated goods in Nigeria.

Mr Metuh, a member of the ruling All Progressives Congress (APC) and the Director of Mobilisation and Organisation of the Renewed Hope Ambassadors (RHA), recommended longer prison sentences and asset forfeiture for anyone convicted of producing or distributing counterfeit products.

He made the call in a statement on Friday while reacting to the conviction of Innocent Okoye by the Federal High Court in Abia State for producing and distributing fake Extra Virgin Olive Oil.

Mr Okoye was sentenced to five years’ imprisonment, with an option of a N5 million fine.

Mr Metuh, a lawyer, described the sentence, particularly the option of a fine, as too lenient for an offence that could endanger the health of millions of Nigerians. He warned that counterfeiting would persist if tougher penalties were not introduced to deter offenders.

“A five-year jail term or N5 million fine amounts to a mere slap on the wrist. Such punishment could make counterfeiting and product adulteration a manageable business expense for unscrupulous manufacturers and distributors.

“The law must respond with consequences that fit the crime. The absence of direct physical confrontation between offenders and their victims does not make product counterfeiting any less dangerous than conventional violent crimes,” he said.

He urged the National Assembly to urgently review existing laws governing drug counterfeiting, pharmaceutical adulteration and the falsification of consumer products, arguing that the penalties should reflect the potential harm such offences could cause to public health.

Persistence of fake drugs and other counterfeit products in Nigeria

Counterfeit and substandard products remain a public-health concern in Nigeria despite repeated raids, seizures, arrests and prosecutions by the National Agency for Food and Drug Administration and Control (NAFDAC).

The problem extends beyond medicines to adulterated food, beverages, cosmetics, medical devices and other regulated products. Such products may contain harmful ingredients, incorrect quantities of active pharmaceutical ingredients or substances that have not undergone the required safety and quality checks.

The consequences of using substandard and falsified medicines, according to NAFDAC, include treatment failure, prolonged hospitalisation, increased hospital admissions, antimicrobial resistance and, in severe cases, death.

The persistence of the trade is illustrated by the repeated discovery of illegal manufacturing and distribution facilities, including in major pharmaceutical markets such as Onitsha, Aba and Lagos.

A BusinessDay investigation published in August found that NAFDAC’s enforcement records showed that products worth more than N1.1 trillion had been seized or destroyed between 2023 and 2025, yet the agency continued to encounter counterfeit and substandard products in previously raided distribution centres.

Between January and August. NAFDAC’s Directorate of Investigation and Enforcement arrested 52 suspects, raided 213 locations, seized 821 products and sealed 179 premises.

The NAFDAC’s Director-General, Mojisola Adeyeye, recently said the agency had secured 64 convictions for counterfeiting, with sentences ranging from one to seven years’ imprisonment without the option of a fine.

Bills before lawmakers

Two separate but related legislative bills are before the Senate, sponsored by Sadiq Umar (APC, Kwara North).

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They are: the Counterfeit Medical Products, Fake Drugs and Unwholesome Processed Foods (Prohibition and Control) Bill, 2026, and the Food, Drugs and Related Products (Registration, etc.) (Repeal) Bill, 2026.

The amendment to the counterfeit medical products bill seeks to repeal and replace the existing Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act, 2004, with a more comprehensive framework for addressing counterfeit medical products, fake drugs and unsafe processed foods.

It prescribes a 15-year prison term for offenders upon conviction, alongside asset forfeiture and compensation for victims. It also seeks to strengthen NAFDAC’s enforcement powers.

While the proposed Food, Drugs and Related Products Bill focuses directly on criminalising counterfeiting and prescribing punishments, it also modernises the regulatory framework governing food, drugs and other products under NAFDAC’s control.