Experts recommend treatment for drug addicts, stricter penalties for peddlers

In the last two decades, drug abuse has remained a major problem confronting the world. Nigeria, especially, has faced the challenge of eradicating the menace, because of the pool of adolescents and young adults that are involved.

Drug abuse defines a state, emotional and sometimes physical, characterised by a compulsion to take drugs on a constant basis to experience its mental effects. Essentially, drugs become abused when they are used in excess and in addictive way for non-medicinal purposes. Adolescent drug abuse is the frequent use of alcohol or other drugs during the teenage years or the use of alcohol or other drugs in a manner that is associated with problems and dysfunctions.

In recent years, policymakers have come under increasing pressure to find effective and appropriate responses to manage the issue of drug abuse.

While many are of the opinion that there should be effective implementation of drug policies and programmes, including arrest and sentencing of offenders, others seek alternatives such as education, treatment, rehabilitation, aftercare and social reintegration for drug-using offenders.

For those in support of not criminalising drug abuse offenders, addiction is a medical condition — a treatable brain disorder —not a character flaw or a form of social deviance. However, despite the overwhelming evidence supporting that position, drug addiction continues to be criminalised.

They wonder why drug use continues to be penalised, despite the fact that punishment does not ameliorate substance use disorders or related problems.

They also argue that the purpose of drugs and their usage do not pose a question of legality or illegality. What determines the possible illegality of a substance is the extent of its purpose and modification of chemical process in human body.

According to supporters of non-criminalisation of drug abusers, it is only when the modification of the chemical process in the body affects not just the person using it, but has a tendency to affect the society as well, then the act of dealing with such substance would readily fall under the category of criminalised drugs.

In fact, five years ago, the 193 member nations of the United Nations General Assembly Special Session on drugs unanimously voted to recognise the need to approach substance use disorders as public health issues rather than punishing them as criminal offenses.

Speaking with The Guardian, a lawyer, Chuba Ogbui, said the National Drug Law and Enforcement Agency (NDLEA) Act provides punishment for different offences of drug possession, trafficking and use. The highest being life imprisonment for possession of cocaine, heroin and other hard drugs.

Otteh

The law, he said, appears sufficient to meet the challenges of illegal possession, trafficking on illicit drugs and use.

“During the military era, especially of Major General Muhammad Buhari, the punishment for trafficking on hard drugs was death sentence on conviction. That didn’t stop the illicit dealing on drugs. Our youths who know they could be executed if caught with drugs in some Asian countries are not deterred. It appears the best option is strict enforcement of existing laws rather than enacting laws that carry stricter punishment,” he explained.

Ogbui said: “Stricter punishment without strict enforcement of the law amounts to naught. There should also be more and wider campaign on evils of trafficking and use of illicit drugs. What punishment may not achieve could be achieved by knowledge of the evils of drug abuse and trafficking.”

An Abuja-based lawyer, Amaechi Ekwe, said Nigeria has fantastic criminal laws in place.

“Our problem is prosecution of offenders. We do not love the country called Nigeria; hence, we put our tribes, religions above the country leading to nepotism, tribalism, Religious bias, etc. These sentiments affect our prosecution of offences in Nigeria. The cumulative effect of all these injustices have made Nigeria almost incurably sick,” he said.

Ekwe noted that Section 20 (1), (2) of the National Drug Law and Enforcement Agency Act of Nigeria provides for drug offences. Sub- section 2 (b) provides for punishment or a sentence of imprisonment of 15 years but not exceeding 25 years for possession of drugs or use thereof.

“Trafficking of drugs under this Act attracts life imprisonment. The law is wise here because those trafficking, selling, distributing drugs are doing more harm. The punishments for the youths above is to me sufficient. This is because, our youths are majorly involved in drug offences because of peer pressure and sexual abuse, and others,” Ekwe said.

He continued: “If we say let every youth or young person caught in the act of drug offence face life imprisonment, then, we are not helping the country. The youths are the manpower of every country but are greatly impoverished by politicians in Nigeria. In this election time, many will be induced to take drugs and wreak havoc for politicians. That’s an act targeted against destruction of that youth by politicians because politicians have put them in such situation. Fifteen years but not exceeding 25 years imprisonment for possession and or use of narcotics or illicit drug by the youths and young people is enough so that the youths involved could after being rehabilitated from Correctional centres come out and make impact in the society.”

Giving suggestion of the penalty of a person caught, Ekwe said that a person of 50 years and above caught in possession or use of Cocaine, heroine, should face life imprisonment, same as those trafficking in such substances.

For the Convener of Access to Justice, Joseph Otteh: “I’m not certain that increasing the punishment of drug offenders is the way to go, and in Nigeria, I’m not sure how much further punishments may be calibrated. I think current punishments for drug convictions extend, at a maximum, to life imprisonment in legislation. How should this be escalated further? Death penalty? I think that would be beyond the pale. The death penalty should be abolished, particularly in countries with weak judicial systems.”

Ekwe

He noted that many countries around the world go to the opposite direction, and are either decriminalising some drug offences or providing rehabilitation programmes for those involved in it.

“Maybe we ought to think more about helping people cut loose from being involved in drug-related crimes to becoming more responsible citizens, not escalating the level of punishments they should suffer, although we recognise the harm drug use does to society. I am very concerned that any increase in the severity of drug punishments will, in substance, be disproportionately borne, not by drug lords themselves but by their minions, those they recruit to undertake their illicit traffic. And who are the recruits? Some of them are often victims themselves of Nigeria’s blistering socio-economic conditions that deprive them of the ability to make reasoned, responsible choices. While some may be motivated by greed, we’ve heard that, for many others, it can go down as a life and death decision. And the drug lords themselves will often remain in the shadows, unreached and untouched by any laws made,” Otteh said.

Meanwhile, the United Nations Office on Drugs and Crime (UNODC) had challenged the NDLEA and other stakeholders responsible for the war against drug abuse and trafficking to start the battle from the home front.

To confront drug-related problems in the country, NDLEA, in November 2021, launched the National Drug Control Master Plan 2021-2025. The plan incorporates the health components of the war against illicit drug abuse and trafficking.

NDLEA Chairman, Brig.-Gen. Buba Marwa (rtd), noted that the consequences of high illicit drug usage would be huge on the well being of the society, if not properly tackled.

Marwa said that the consequences of drug abuse, including chronic health conditions and untimely death, are existential threats that cannot be ignored by any responsible government.

He pledged the agency would broaden access to treatment and rehabilitation, and carry Nigerians along on the journey to curb trafficking and abuse of substances in the country after recently arresting 24,458 drug traffickers.

Some of the functions of the agency are to adopt measures to identify, trace, freeze, confiscate or seize proceeds derived from drug-related offences or property whose value corresponds to such proceeds, adoption of measures to eradicate illicit cultivation of narcotic plants and to eliminate illicit demand for narcotic drugs and psychotropic substances with a view to reducing human suffering and eliminating financial incentives for illicit traffic in narcotic drugs and psychotropic substances and taking such measures which might require the taking of reasonable precautions to prevent the use of ordinary means of transport for illicit traffic in narcotic drugs including making special arrangements with transport owners.

Section 11 (a) of NDLEA Act makes it an offence for a person who having no lawful authority to do so, engages in the importation, production, manufacturing, processing, growing and planting of cocaine, heroin, LSD or any other drugs of similar nature. The offence is punishable on conviction with a sentence of life imprisonment.

Section 11 (b) of the Act goes further to punish any person who exports or traffics cocaine, heroin, LSD or any other drugs of similar nature with imprisonment for life on conviction. Section 11 (c) of the Act punishes with life imprisonment a person who engages in the selling and buying or makes an offer for sale or deals with any cocaine heroin, LSD or any other drugs of similar nature. Section 11 (d) of the Act punishes mere possession of a drug, using a drug by inhaling, smoking or injecting, by imprisonment for not less than 15 years but not more than 25 years.

Section 12 of the Act punishes an occupier, who unlawfully allows his premises to be used for illicit drug purposes such as, processing, dealing, storing or concealing of drugs, for a term not more than 25 years. Where the offender is armed with any dangerous weapon, his liability is life imprisonment.

The Act further punishes conspiracy, inducement, promising, aiding, abetting, counseling, attempting and being an accessory to the offence with imprisonment for a term not below 15 years and not more than 25 years.

“Where a person tampers with any drug substance which is in the possession of the Agency by removing, destroying or concealing it, the act is punishable with imprisonment for not more than 25 years. By the provision of section 22 of the Act, where a person exports prohibited drugs from Nigeria to another country and such person is found guilty of illegal importation of drugs in that country, the person is guilty of an offence of illegal exportation of drugs in Nigeria regardless of the fact that he has been tried and convicted for illegal importation in that country. He shall be held guilty in Nigeria and sentenced to five years imprisonment with an option of fine. Moreso, he shall be liable to forfeit his assets. Same is applicable to a person found guilty of drug dealing in any foreign country whose act brings disrepute to Nigeria,” the Act stated.