Drug Abuse: What the Nigerian law says and how you might have been breaking it
The increasing insecurity in Nigeria has brought to light the pressing issue of drug abuse and its detrimental impact on the lives of Nigerian residents. Numerous horrifying crimes have been committed by individuals under the influence of hard drugs, resulting in the loss of lives and the destruction of property.
According to Mohammed Buba Marwa, Chairman of the National Drug Law Enforcement Agency (NDLEA), “90% of all criminal activities in Nigeria today, ranging from banditry, insurgency, kidnapping, rape, and others, is linked to the use of illicit drugs.”
To address these crimes associated with drug abuse, the Nigerian government enacted the National Drug Law Enforcement Agency Act in December 1989. This act strictly prohibits the cultivation, processing, sale, trafficking, and use of hard drugs. The act empowered the establishment of the National Drug Law Enforcement Agency (NDLEA) under Decree Number 48 of 1989.
The NDLEA is responsible for pursuing drug offenders, enforcing the act, and investigating individuals suspected of involvement in drug-related activities.
Section 11 (d) of the NDLEA Act states that individuals who knowingly possess or use drugs such as cocaine, heroin, or similar substances through smoking, inhaling, or injecting them are guilty of drug abuse. Such offenders may face imprisonment for up to 25 years.
Additionally, possessing, smoking, or injecting cannabis, commonly known as weed in Nigeria, carries a penalty of imprisonment ranging from 15 to 25 years.
Habib Abdulfatah ESQ, a Nigerian Lawyer, explains the concept of possession under the drug act, stating that individuals often deny knowledge of drugs found in their possession.
“When drugs are found on you, you need to explain to the officers or the agency beyond reasonable doubt that you were unaware you had the drugs,” he told Neusroom.
Regarding drug-related activities like importation, exportation, and deals, the Nigerian drug act imposes severe penalties. Individuals involved in the importation, exportation, manufacturing, production, processing, or cultivation of hard drugs such as codeine, cocaine, or cannabis may face life imprisonment upon conviction.
However, many people involved in this illicit business are not aware of the risk of facing life imprisonment for engaging in such activities.
Section 22 (1) of the act addresses the situation where a person is found guilty of dealing in illicit drugs by foreign nations, even if their journey originated from Nigeria. The act states that such a person is guilty of exporting narcotic drugs or psychotropic substances from Nigeria, regardless of whether they have been tried or convicted for similar offenses in the foreign country.
Abdulfatah clarifies that if an individual evades arrest in Nigeria but is apprehended with illicit drugs in a foreign nation and charged there, “they are considered guilty of both importing the illicit drugs into the foreign country and exporting the same drugs from Nigeria.”
The punishment for being found guilty under section 22 (1) is five years in prison without an option of a fine.
According to Nigerian law, it is a serious offense to permit the use of premises, including residences, where hard drugs such as cocaine and heroin are stored, processed, cultivated, or involved in any other illicit activities. The penalty for this offense is a jail term exceeding 25 years.
Additionally, Section 14 of the law states that anyone who incites, promises, or induces another person to commit any drug-related offenses mentioned in the act can be convicted and sentenced to 15 to 25 years of imprisonment.
Abdulfatah defines incitement to drug abuse as the act of convincing someone to engage in drug dealing. He points out that this is often observed within gangs, where leaders persuade other members to participate in drug-related activities by promising rewards of some kind.
Marwa connects the rising insecurity in the country with the increase in drug abuse. He believes that addressing the issue of drug abuse among Nigerians is a crucial step in reducing the crime rate.
“Nobody in his right sense will take up arms to kidnap, rape and kill innocent people. Therefore if we are able to tackle the issue of drug abuse, most of the security challenges the nation is facing now would have been solved. We also need to take this war as a battle to save our children and women, and ultimately our society and the country at large,” he said
Recognising that combating drug abuse is a collective responsibility, the fight against it requires the combined efforts of the government, private sectors, and citizens. Over the past four years, the MTN Foundation, in partnership with Netng, World’s No 1 Source of African Entertainment, has been leading conversations and raising awareness about the dangers of drug abuse through its yearly initiative, the Anti-Substance Abuse Programme (ASAP).
