The 10th Senate Amends National Drug Law Enforcement Agency Act (2004)
...Imposes Death Sentence ...Reformists call it the greatest antithesis to international conventions.
On the 9th day of May, 2024, Nigerians glued to their televisions as the 10th Assembly of the Red Chamber conducted its plenary towards amending the National Drug Law Enforcement Agency Act (NDLEA) 2004. Bristled with dramatic scenes, the amended version of the Act scaled through.
What made the bill a thing of attraction was that it has taken an extreme step by imposing death as penalty for those engaged in the manufacturing, distribution and sale of drugs? Since the passage of the bill, there has been more questions than answers as regard the due diligence the bill was given before it passage on the floor of the Senate.
When the Transmitter took the issue to the streets of Makurdi, it was revealed that majority of Nigerians will hardly be convinced as to the legal, moral and the social ends the new bill intends to meet, given the position of Nigeria both at home and within the international community.
Speaking to Prof V.V Tarhule, who is a Professor of Correctional Justice and the Dean, School of Postgraduate studies at the Benue State University, the Criminal Justice expert X-rayed the bill and gives it knocks given the Nigerian state and the direction of the international community on criminal Justice administration.
In his words, “whatever the bill intends to achieve, the imposition of death penalty is not and will not be a solution. I give you an example, when the issue of robbery was notorious in the nation, the Robbery and Firearms Act was introduced by the military government as a decree that prescribed death penalty. Shockingly, is found that for all the intents and purposes of the decree, criminals were still caught at the scenes of firing squad picking pockets. That shows to you that the supreme prize of death meant nothing to those who were engaged in criminal acts”.
He further states that ” robbery is on the decline today chiefly because of the modernizations in the banking sector as people no long travel long distances with cash on them’.
The varsity don further opined that “execution of criminals in Nigeria is almost history. Nigerians last caught a glimpse of execution in 2016 during the adminstration of Adams Oshoimole in the Edo State. That was eight years and still counting. Interestingly, the same Adams took a different view on the passage of the bill. Statistically, the last time I checked, there were 3414 criminals on death row with no one mustering the courage to order for execution. So the issue of implementation remains in its old fashion in Nigeria.”
When an Officer of NDLEA who pleaded anonymity was contacted, he asserted that” it is hoped that the new bill will go a long way in the fight against drug abuse in the country in the issue almost beyond control as it has assumed a global status. It ravaging the nation and every well-meaning Nigerian must contribute towards fighting this national menace. The death penalty will shiver down the spine of participants in the drug industry. ”
When asked whether the death penalty clause in the bill is a signpost visible enough to warn would be offenders, Prof V.V Tarhule debunked the utility of the clause by asserting that” participants in the drug chain are not wholly hoodlums. They have the capacity to gauge the tempo of the administration of criminal justice environment. Because of the lack of will on the side of the law enforcement system, they are likely to take the death penalty clause to be business as usual.”
Commenting on the jurisprudential angle to the passage of the bill, a lecturer in the Faculty of Law, BSU, Dr B.C Hia, queried the process leading to the passage of the bill saying that, “the Senate cannot suo moto pass a bill. It requires the concurrent input of the two chambers of the National Assembly. So, at best,what the Senate has done so far is just a step towards an amendment. It is therefore hoped that when the two chambers lock horns on the bill, the death penalty clause is likely to be removed especially as many legal systems are fast navigating away from the death penalty.”
Feeding question from the reporter, Mr James of the Foundation for Justice, Peace and Development (FJPD) bemoaned the Nigerian system where the wheels of the criminal justice system are still rusty, “I sense danger with the death penalty clause because it is likely that it will lead to arbitrariness. The chances that innocent persons may be executed are high given the nature of our policing system where investigations are haphazardly conducted and all of that. Should our legislature want something as serious as that they first tightened the loose knots of our criminal justice administration?”
When the Transmitter visited a place Marijuana is habitually consumed, popularly known as BUNK, the operator of the bunk who simply identity him as Baba T claimed total ignorance of the bill. He said, “I am not aware of anything like that and even if I were aware as I am now, it still matters little to me. The government has failed us and can only wonder the same government would want to kill us because we are trying to provide for ourselves. ”
Whichever direction the pendulum of public opinion swings, the sanctity of of life remains fundamental in any democratic setting. The Constitution of the Federal Republic of Nigeria 1999 as amended provides under S33 for the fundamental right to life. Internationally, various instruments to which Nigeria is signatory are unequivocal and relentless on ensuring that the human life is protected and preserved. Article 6 of the International Covenant on Civil and Peoples Right provides, without qualification, for the protection of the human life. Others including the African Charter on Human and Peoples Right and the Universal Declaration on Human Rights are vehement on the need to secure the sanctity of the human.
Specifically, the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions has made it clear that death penalty should not be visited on drug related offences. It hoped that as the Nigeria state saddles herself for the battle against drug abuse, the legislature will revisit some of the grey areas of the bill to be on the same pedestal with international community.
