The proliferation of illicit drugs in our society over the years has become a major source of concern for political leaders, Traditional leaders, religious leaders, stakeholders and security agencies across the nation.
Drug abuse among Nigerians most especially the youths across the six geo-political zones has become worrisome and a major contributor to youth restiveness, crimes, health challenges, and other social voices.
Drug traffickers have taken advantage of the rise of drug abuse in the country to carry out their illegal acts of drug trafficking and smuggling of illicit substances into the country.
To address this menace, the Senate on Thursday, May 9, amended the NDLEA act and approved the death penalty for drug offenses.
The punishment prescribed in the extant NDLEA Act is a maximum sentence of life imprisonment.
The resolution of the Senate followed its consideration of a report of the Committees on Judiciary, Human Rights and Legal Matters and Drugs and Narcotics, National Drug Law Enforcement Agency (NDLEA) Act (Amendment) Bill, 2024.
The Chairman of the Committee on Judiciary, Human Rights & Legal Matters presented the report during plenary, Senator Mohammed Monguno (APC-Borno North).
The bill, which passed its third reading, aims to update the list of dangerous drugs, strengthen the operations of the NDLEA, review penalties, and empower the establishment of laboratories.
Section 11 of the current act prescribes that “any person who, without lawful authority; imports, manufactures, produces, processes, plants or grows the drugs popularly known as cocaine, LSD, heroin or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life” was amended to reflect a stiffer penalty of death.
There have been so many intersections of illicit drugs by security agencies within and borders of this country. To justify the passage of the death penalty for drug traffickers, on Tuesday, May 21, the Nigeria Customs Service, Federal Operations Unit, Zone B, announced the interception and seizure of contraband goods within the North-West and North-Central zones worth over N3 billion.
Among the seized goods include 58, 750 sachets of tramadol and 48,000 ampules of analgin injection being conveyed to bandits at Saminaka Forest in Lere Local Government Area of Kaduna State.
Speaking to reporters on the seizure, the Comptroller of the unit Bello explained that the Customs operatives acting on intelligence, intercepted a truck conveying 750 sacks of donkey bones and meat with a combined duty-paid value of over N3 billion.
The Comptroller disclosed that the sachets of tramadol were concealed inside the truck with motor spare parts to evade the Eagle eye of Customs operatives along the Saminaka/Kafanchan axis.
This seizure by the Nigeria Customs Service further gave credence to the death penalty for drug traffickers passed by the Senate and waiting for the assent of President Bola Tinubu.
However, the passage of the death penalty as a capital punishment has raised questions at a time when the world is doing away with capital punishment and reviewing most death penalties to life imprisonment.
Little wonder the Senator representing Edo North at the National Assembly, Senator Adams Oshiomhole questioned the urgency for passing a death penalty for drug offenders when the initial bill came as life imprisonment as the capital punishment.
Similarly, the Human rights group, Amnesty International has consistently criticised countries that practice the death penalty as capital punishment for any offense committed. For instance, the death penalty is commonly practiced in Asian countries such as China, Malaysia, and Indonesia among others.
Stakeholders have argued if the new act of the death penalty for drug offenses will address the menace of illicit drug smuggling or if is it another opportunity to empower security agencies to exploit drug traffickers.
Nigeria has never been short of laws to address several rather implementation of the laws has been the major challenge that has bedeviled the nation.
One will wonder if the security agencies are doing their job perfectly, then how do these drugs get into the country at the first instance, and how do drug traffickers succeed in carrying drugs through the borders, be it land, air, or sea borders. Who are the owners of the warehouses that these illicit drugs are being distributed to, who are the real owners of the drugs outside those that have been caught transporting the drugs? These are questions that are still begging for answers as most Nigerians are curious to find answers to these questions.
Drug cartels might become more brutal in their operations and dangerous in engaging security operatives knowing fully well that if they are caught they are likely to face capital punishment depending on the pronouncement of a court of competent jurisdiction.
IMPLICATIONS
Capital punishment, including the death penalty for drug traffickers, is a highly contentious issue globally, with diverse implications. In the context of Nigeria, where drug trafficking is a serious concern, there are several implications such as; Deterrence, Justice and retribution, Human rights concerns, impact on trafficking, International relations, legal and judicial system integrity, and alternatives to punishment.
Pundits argue that the death penalty serves as a deterrent, dissuading individuals from engaging in drug trafficking due to the severe consequences. However, the effectiveness of deterrence is widely debated, with many studies suggesting that it may not significantly reduce drug-related crimes.
Supporters of capital punishment often view it as a just punishment for serious crimes like drug trafficking. They argue that it provides a sense of retribution for the victims and their families, especially in cases where drug trafficking leads to harm or death.
Meanwhile, opponents of the death penalty, both domestically and internationally, raise significant human rights concerns. They argue that it violates the right to life, is irreversible in cases of wrongful convictions, and can be disproportionately applied to marginalised groups or those without adequate legal representation.
There’s a debate about whether the death penalty effectively reduces drug trafficking. Some argue that it may lead traffickers to become more clandestine, making it harder for law enforcement to detect and prosecute them. Others suggest that it might not significantly impact the drug trade, as traffickers often operate within sophisticated networks that are resilient to such measures.
However, Nigeria’s stance on capital punishment, including its application to drug traffickers, can have implications for its international relations. Countries with strong opposition to the death penalty may voice concerns or impose diplomatic pressure, potentially affecting trade, aid, or other agreements.
Similarly, concerns about the fairness and integrity of Nigeria’s legal and judicial system may arise, particularly regarding issues such as corruption, procedural flaws, and unequal access to justice. These concerns can undermine public trust and confidence in the legal system.
Some stakeholders argue for the exploration of alternatives to the death penalty, such as rehabilitation programs for drug offenders, addressing root causes of drug trafficking such as poverty and lack of opportunities, and focusing on harm reduction strategies.
In conclusion, the implications of capital punishment for drug traffickers in Nigeria are multifaceted, encompassing considerations of deterrence, justice, human rights, effectiveness, international relations, legal integrity, and alternatives to punishment. It is a complex issue that requires careful deliberation, balancing the need for justice with respect for human rights and the rule of law.
