The Pharmaceutical Society of Nigeria has proposed a minimum fine of N25m and at least 15 years’ imprisonment for offenders under the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act, as part of recommendations for the amendment of the law.
The PSN, through its President, Ayuba Tanko, proposed the penalties in its position on the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act (Amendment) Bill 2026, also known as SB-951.
The society called for stiffer penalties under Section 3 of the proposed amendment, recommending that offenders convicted under Section 2(1) should face a fine of not less than N25m or imprisonment for a term of not less than 15 years, or both.
It also proposed that offenders convicted under Section 1 should be liable to a fine of at least N25m or imprisonment for a term of not less than five years and not more than 20 years, or both the fine and imprisonment.
The PSN further recommended the forfeiture of all assets traceable to persons found guilty of offences under both sections, arguing that the proposed amendment should include measures to strengthen penalties against offenders.
Beyond tougher sanctions, the pharmacists proposed changes to the composition of the Federal Task Force established under Section 5 of the Act, with the Director-General of the National Agency for Food and Drug Administration and Control serving as chairman.
Under the proposal, the head of the enforcement department of the Pharmacy Council of Nigeria would serve as vice-chairman and act on behalf of the chairman in his absence.
The proposed federal task force would also include two police officers not below the rank of Chief Superintendent of Police, nominated by the Inspector-General of Police, and two pharmaceutical inspection officers not below the rank of Chief Pharmacist, appointed by the PCN.
Other proposed members are two food and drug inspectors not below the rank of Chief Regulatory Officers designated under the Food and Drugs Act, to be appointed by NAFDAC, and a representative of the PSN who would be a pharmaceutical inspection officer designated under the PCN Act 2022.
The PSN also recommended a revised composition for the State Task Force under Section 7, proposing that it should be established at the state or group-of-states level.
It proposed that the state task force should be chaired by a registered pharmacist not below the rank of director, appointed by the minister on the recommendation of the state government.
The head of the PCN’s enforcement department would serve as vice-chairman and act for the chairman in his absence, while two police officers not below the rank of Chief Superintendent of Police would be nominated by the Inspector-General of Police.
Explaining the proposed composition, the PSN identified the PCN and NAFDAC as the major regulatory agencies involved in drug distribution in Nigeria, underscoring their roles in the proposed enforcement structure.
The recommendations seek to strengthen the penalties for offences and give key regulatory agencies a prominent role in the task forces responsible for enforcing the law.
The PSN, however, commended the National Assembly for the proposed amendment, describing it as being in the public interest.
The pharmacists, however, welcomed the legislative effort to amend the Fake Drug Act and urged that the proposed changes reflect the need for tougher sanctions and a stronger enforcement structure.