•Ashafa advocates NDLEA Act amendment

By Kelechukwu Iruoma

THE United Nations Office on Drugs and Crime, UNODC, in its Drug World Report 2016 reported that there has been a significant increase in the rate of drug abuse globally.

*Senator Ashafa

The report, however, suggested that the number of people classified as suffering from drug use disorders has increased disproportionally for the first time in six years.

In the report, it was revealed that 49.5 percent of Africans between 15-64 years suffer from drug addiction Nigeria, as claimed by National Drug Law Enforcement Agency, NDLEA, has the highest number persons serving jail terms for drug related offences worldwide.

There has been an increase in the number of Nigerian youths addicted to drugs. Youths in tertiary institutions, as well as sex workers now use heroin. The use of narcotics in Nigerian institutions is now rampant.

The implication of this is that it increases rate of violence and rape in Nigeria. Thus, adding to the problem of insecurity Nigeria is battling with.

A Senator representing Lagos East, Senator Gbenga Ashafa, revealed, “This prevalence is as a result of lenient penalties discovered in the administration of NDLEA, Act. He noted that Nigerian judges reduced the minimum sentence stipulated in the Act.

Ashafa in March 2016, moved a motion on the floor of the Senate on the involvement of Nigerians in the Illicit Global Drug Trade and the Increase in Domestic Drug Abuse by Nigerian Youths, stating that there was need for the Act to be amended in order to give appropriate punishment to drug dealers and users in the country.

On a bill for an amendment to NDLEA Act Chp 30, which was first read in May 2016, Ashafa stated, “The NDLEA Act CAP N 30 Laws of the Federation of Nigeria 2004, provides for stringent penalties for persons involved in the importation and exportation of Hard Drugs such as cocaine or heroin, selling  or buying  hard drugs or knowingly possessing or using hard drugs. These penalties range from life imprisonment to 15 years, which is the minimum penalty.”

He revealed that a gramme of cocaine sold for over N4 million in the market. Citing Act 30 of NDLEA, he noted, “In spite of the fact that the Supreme Court in the case of Odeh V Federal Republic of Nigeria (2008) 3 – 4 Supreme Court at page 147 has held that the minimum penalty for those dealing in such drugs is a term of 15 years.

The Act specifically stipulates the maximum sentence of Life imprisonment and minimum sentence of 15 years imprisonment for the above-mentioned offences in the Act.”

Ashafa said that there was nowhere in the provisions of the NDLEA Act that gave Judges discretionary powers to reduce the minimum sentence stipulated in the Act. “Rather than a minimum term of imprisonment of 15 years or maximum term of imprisonment for life as stipulated in the Act, for some unknown reasons, some Judges of the Federal High Court have continued to pass varied/discretionary sentences short of the what is prescribed by the NDLEA Act.”

Ashafa told the Senate House that some of the Judges passed light terms of imprisonment and the convicts in some cases were further given options of fines which was only available for accused persons found guilty of obstruction of the Agency or authorized officers, not for actual perpetrators of the offence.

Citing a drug abuse case, the lawmaker said: The NDLEA Commander in Abia, Mr Bamidele Akingbade, in 2015, disclosed during an interview that 22 accused persons were convicted by the Federal High Court for drug related offences. Amongst the 22 convicts, four of them were given an option of fine while 18 of them were sentenced to serve between six months to five years in jail.”

Continuing, he said: “The purpose of the stiff punishment provided by the Act is to deter people from engaging in drug related activities. Where a person caught with cocaine is sentenced to few months’ imprisonment or given an option to pay a fine as can be seen in certain cases, one wonders what signal the country is sending to drug dealers and traffickers, their countries, our youths and the international community?

The arbitrariness that is being perpetrated by the trial Judges by not following the provisions of the NDLEA Act clearly can lead to corrupt practices. As a matter of fact, it only encourages illicit drug practices.”

He said that many drug dealers and traffickers believed that even if they were caught and sentenced to jail, they would be out in no time, adding that the deterrent nature of the punishment, which the NDLEA Act sought to provide, was therefore defeated.

While calling for the amendment of the Act, he said that the government or NDLEA could appeal  obvious cases of unwholesomeness being perpetrated by these Judges, stating that the process was very long, tedious and expensive as the cases go right up to the Supreme Court meaning that they could take up to 7 to 10 years for final adjudication.

“The proposed amendment will close any loophole by having a clear, unambiguous and unequivocal provision that Judges cannot vary the sentences provided by the Act by reducing the penalties or giving option of fines which the NDLEA Act has not provided,” Ashafa said.