The Special Adviser to President Bola Ahmed Tinubu on Information and Strategy, Bayo Onanuga, has called for the introduction of the death penalty for counterfeiters in Nigeria, arguing that existing measures have failed to deter individuals involved in the production and distribution of fake products.
Onanuga made the statement on Wednesday, October 21, 2026, while reacting to the discovery of a suspected counterfeit alcoholic beverage production facility in Aba, Abia State, by the National Agency for Food and Drug Administration and Control (NAFDAC).
The presidential adviser expressed concern about the activities of counterfeiters, particularly the potential dangers posed to unsuspecting consumers who purchase products believing them to be genuine.
In a post on his X account, Onanuga wrote:
“These counterfeiters certainly have no conscience. Until we start imposing a death penalty on them, they will never stop their nefarious activities.”
His remarks followed an enforcement operation conducted by NAFDAC at a suspected illegal production facility located at No. 25 Omenazu Street, Aba.
According to the agency, the operation was carried out following intelligence indicating that counterfeit alcoholic beverages were being produced at the premises.
NAFDAC said its officials discovered a facility operating under unhygienic conditions, with equipment and materials allegedly used to manufacture and package alcoholic drinks bearing the names of established brands.
The agency reported that the suspected operator fled when enforcement officers arrived, leaving behind materials believed to be connected to the operation.
Among the items recovered were packaging materials bearing the names Sir Edwards Scotch Whisky and Scottish Hills Whisky, empty bottles and a drum containing approximately 200 litres of liquid.
Officials also discovered bottle caps, sealing machines, cartons, plastic buckets, tanks containing liquid mixtures and sieves allegedly used during production.
Other materials recovered included drums of ethanol and tree bark soaked in ethanol.
NAFDAC said the discovery raised serious concerns about the quality and safety of beverages that might have been manufactured at the facility.
The agency estimated the value of the equipment, materials and components associated with the premises at more than ₦500 million.
That valuation was provided by NAFDAC and should not be interpreted as an independently established market value or proof that products worth the same amount had already been sold.
The discovery comes amid continuing enforcement operations against counterfeit and substandard products across Nigeria.
In recent operations, NAFDAC reported the seizure and destruction of counterfeit and unwholesome goods valued at more than ₦5.3 billion within one week.
The activities included enforcement operations in Lagos and Rivers states, where the agency worked with other authorities to identify and remove products considered unsafe or non-compliant with regulatory requirements.
At the Lagos International Trade Fair Complex, NAFDAC said it seized suspected counterfeit products valued at more than ₦2 billion and arrested two suspects.
In Rivers State, the agency supervised the destruction of products valued at approximately ₦2.6 billion, including pharmaceuticals, food items and other goods intercepted by the Nigeria Customs Service at Onne Port.
The agency said the operations demonstrated its commitment to protecting consumers and preventing dangerous products from circulating in Nigerian markets.
Onanuga's intervention, however, has introduced a separate question about the severity of punishment that should apply to those convicted of counterfeiting offences.
Under the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act, certain offences involving counterfeit drugs and unwholesome processed foods attract imprisonment ranging from five to 15 years, a fine of up to ₦500,000, or both, depending on the applicable provision.
The legislation does not prescribe the death penalty for those offences.
Consequently, Onanuga's statement represents a proposal for more severe punishment rather than an announcement of an existing legal penalty.
Introducing capital punishment for counterfeiting would require legislative consideration, including the definition of the offences to which such a penalty would apply and an assessment of relevant constitutional and legal requirements.
The presidential adviser did not outline a proposed bill, specify which categories of counterfeit products should attract capital punishment or announce that the Federal Government had formally adopted the proposal.
There was also no confirmation that President Tinubu had directed the preparation of legislation introducing the death penalty for counterfeiting.
The distinction is important because Onanuga's public comments, although made in his capacity as a senior presidential adviser, do not automatically constitute an approved government policy.
The broader debate concerns how Nigeria can effectively prevent counterfeit products from reaching consumers and ensure that individuals responsible for serious violations face appropriate legal consequences.
Counterfeit medicines, falsified pharmaceuticals, contaminated food products and illegally manufactured alcoholic beverages can pose significant risks to public health.
Depending on their composition, unsafe products may contain harmful substances, incorrect ingredients or quantities that fail to meet established safety standards.
The consequences can include poisoning, treatment failure and other serious health complications.
In the case of suspected counterfeit alcoholic beverages, the risks depend on the substances used in production and their concentrations.
The presence of ethanol or other manufacturing materials does not, by itself, establish that a particular product contains toxic contaminants. Laboratory examination is necessary to determine the composition and safety of seized samples.
NAFDAC's investigation into the Aba facility is therefore important for establishing what products were allegedly manufactured, whether they entered the market and whether consumers may have been exposed to unsafe substances.
The effectiveness of criminal penalties also depends on enforcement, the likelihood of detection, the quality of investigations and the ability of authorities to secure convictions through due process.
Severe punishments alone do not establish that counterfeit products will be prevented from entering supply chains.
Measures such as continuous market surveillance, product traceability, laboratory testing, intelligence sharing, rapid recalls and public reporting systems remain central to consumer protection.
NAFDAC has introduced public alerts and reporting mechanisms intended to help consumers identify suspicious products and notify authorities about suspected violations.
The agency has also worked with customs officials and other enforcement bodies to intercept products before they reach markets.
Its recent operations demonstrate the continuing scale of enforcement activity, although seizure values alone cannot establish whether the overall prevalence of counterfeit products is increasing or decreasing.
Reliable assessments would require consistent data on market inspections, laboratory findings, prosecutions, recalls and the proportion of products found to be non-compliant over time.
The death penalty proposal also raises questions about proportionality and human rights, particularly where different forms of counterfeiting involve varying degrees of harm and criminal responsibility.
Any legislative consideration would need to distinguish between offences involving deliberate endangerment of human life and other regulatory violations.
Suspects accused of manufacturing or distributing counterfeit products remain entitled to the presumption of innocence and fair trial protections until their guilt is established by a competent court.
In the Aba case, NAFDAC has reported the discovery of a suspected illegal manufacturing facility, but the person believed to be operating it reportedly escaped before officers arrived.
No conviction arising from that particular operation had been announced at the time of Onanuga's statement.
The agency has urged members of the public to report suspected illegal manufacturing and distribution activities through its official communication channels.
Onanuga's comments are likely to contribute to discussions about whether Nigeria's existing laws provide sufficient deterrence against the production and sale of counterfeit goods.
For regulatory authorities, the immediate challenge remains identifying dangerous products, tracing their distribution networks and preventing further exposure among consumers.
For lawmakers, any proposal to increase penalties would require consideration of the evidence supporting its effectiveness, the seriousness of the offences and the safeguards necessary to protect fundamental legal rights.
The presidential adviser's statement underscores concern within the government about counterfeiting, but no formal decision to introduce capital punishment has been announced.
For now, the applicable penalties remain those provided under existing Nigerian law, while NAFDAC continues its enforcement operations against suspected manufacturers and distributors of counterfeit and unsafe products.
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