What the Nigerian law says about drug abuse and how you might have been breaking it
On June 15, 2021, Chidinma Adaora Ojukwu, a 21-year-old 300-level mass communication student of the University of Lagos, stabbed Micheal Usifo Ataga, Super TV CEO, multiple times in the neck and left him dead in the pool of his blood. Shortly after Chidinma was arrested, she admitted to ‘smoking and drinking’ with the deceased before stabbing him with a kitchen knife and making away with his ₦350,000. While the incident sparked outrage across Nigeria, many believe that Chidinma was under the influence of the narcotics they had smoked, a seemingly plausible reason why she committed the hideous crime without remorse or panic.
The insecurity ravaging Nigeria has raised the issue of drug abuse and its endangering impact on the lives of residents of the country. In Nigeria, hideous crimes have been committed by people under the influence of hard drugs. Lives are lost and properties destroyed by individuals perceived to be under the influence of illicit substances.
To cite another example amidst many is the case of Bello Garba, a 23-year-old who killed his parents and three of his siblings in 2010, an act many believed Garba’s drug addiction played a role. Garba was found guilty of murder and sentenced to death by hanging, but the crime reveals a long connection between crimes in Nigeria and the use of drugs.
According to Mohammed Buba Marwa, Chairman of the National Drug Law Enforcement Agency (NDLEA), “90 per cent of all criminalities in Nigeria today ranging from banditry, insurgency, kidnapping, rape, and others is linked to the use of illicit drugs.”
While these crimes are committed under the influence of hard drugs, the National Drug Law Enforcement Agency Act prohibits the use of certain drugs which can affect the normal functionality of the brain, criminalising such drugs, as well as the crime it induces. However, many Nigerians are not aware of what Nigeria’s drug law says.
What Does the Nigerian Drug Law Say?
Enacted in December 1989, the National Drug Law Enforcement Agency Act prohibits the cultivation, processing, sale, trafficking and use of hard drugs. To enforce the law, the National Drug Law Enforcement Agency (NDLEA), which was established by Decree Number 48 of 1989, was empowered to pursue drug offenders under the act and investigate persons suspected to have dealings in drugs and other related matters.
What Are Drug Law Offenses?
- Use of hard drugs
According to section 11 (d) of the NDLEA Act, a person is guilty of drug abuse and faces up to 25 years of imprisonment if they “knowingly possess or use the drugs popularly known as cocaine, heroin or any other similar drugs by smoking inhaling or injecting the said drug.” Under this act, being in possession of cannabis, popularly known in Nigeria as weed or smoking or injecting it, will attract a jail term not less than 15 years but not exceeding 25 years.
Explaining possession in the context of the drug act, H. B. Abdulfatah ESQ, a Nigerian Lawyer, said that most people often deny knowledge of drugs in their possession when drugs are found on them.
“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.”
Abdulfatah explained that in most cases, the proof is often in a court of law.
- Importation, Exportation, Deals on Drugs
Under the Nigerian drug act, one is liable (on conviction) to be sentenced to life imprisonment if they deal in drugs by way of importation, exportation, manufacturing, production, processing or growing of hard drugs such as codeine, cocaine, cannabis, etc.
Nigeria is one of the largest cannabis growers in Africa. However, most people involved in this merchandise are not aware that they risk life imprisonment for indulging in such business.
On being found guilty of dealing in illicit drugs by other nations while your journey originated from Nigeria, section 22 (1) of the act states
“Any person whose journey originates from Nigeria without being detected of carrying prohibited narcotic drugs or psychotropic substances, but is found to have imported such prohibited narcotic drugs or psychotropic substances into a foreign country, notwithstanding that such a person has been tried or convicted for any offence of unlawful importation or possession of such narcotic drugs or psychotropic substances in that foreign country, shall be guilty of an offence of exportation of narcotic drugs or psychotropic substances from Nigeria under this subsection.”
Abdulfatah said that “in cases where one escapes being caught in Nigeria, but was caught with the illicit drugs by a foreign nation, and charged there, “the person is guilty of importation of the illicit drugs in the foreign country and also guilty of the exportation of the said drug in Nigeria.”
The punishment for being found guilty under section 22 (1) is five years in prison without an option of a fine.
- Permitting Use of Premises
Permitting your premise, residence or anyone concerned in the management of any premise where hard drugs, such as cocaine, heroin etc., are stored, processed, cultivated or in other dealings, is an offence under the act with a penalty of a jail term exceeding 25 years.
In addition, section 14 of the act finds any person “who incites, promises or induces any other person by any means whatsoever to commit any of the offences referred to in this Act” guilty with a conviction of up to 15 – 25 years of imprisonment.
Abdulfatah defined inciting someone to commit drug abuse as convincing that person to deal with drugs.
“This is often seen among gangs with ringleaders where the leader often convinces other gang members to deal on drugs with promise of some kind of rewards.”
Mohammed Buba Marwa links the insecurity ravaging the country with the increase in drug abuse and believes that one of the steps to reduce the crime rate is to tackle the issue of drug abuse among Nigerians.
“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
However, the fight against drug abuse is a national obligation that needs the collective effort of the government, private sectors, and citizens. For three years, MTN Foundation, through its initiative, the Anti-Substance Abuse Programme (ASAP), has continued to lead conversations to create awareness on the dangers of drug abuse. As part of this year’s activities, key stakeholders in government, regulatory agencies, traditional leaders, thought leaders, NGOs, public figures, and others will come together to deliberate on matters relating to substance abuse at the ASAP National Stakeholders Conference in Abuja on Monday, June 27, 2022.
