The Senate has approved death sentence as a penalty for trafficking in hard drugs and other substances in Nigeria.
This followed the passage of the National Drug Law Enforcement Agency (NDLEA) Amendment Bill, 2024 at plenary in Abuja on Thursday, May 9, 2024.
It also prescribed not more than 15 years imprisonment without option of fine for conviction on consumption of hard drugs and substances.
This followed the adoption of a report of Senate Committees on Judiciary, Human Rights and Legal Matters and Drugs and Narcotics on the NDLEA Amendment Act at plenary.
The report was presented by the chairman of the committee, Senator Mohammed Monguno (APC-Borno).
Monguno, in his presentation, said the amendment sought to strengthen the operations of the NDLEA, empower its operations to establish laboratories for forensic review and update list of dangerous drugs.
He said the amendment was also designed to review penalties and enhance the powers of the NDLEA to prosecute drug-related offences and issue subsidiary legislation.
The lawmaker said the Senate had, on February 28, deliberated on the bill which was transmitted from the House of Representatives for Senate’s concurrence.
He said it was important to make a general comment on the bill, especially on the classification of the offences and penalty categorisations of drug-related offences.
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Monguno stated that the categorisations were peculiar and different from other laws because of the sentencing guideline used in the determination of drug-related offences.
The senator noted: “These guidelines in drug laws are designed to promote fairness, consistency and proportionality in the criminal justice system while considering the broader goals of rehabilitation and public safety.
“It is also important to note that several variables are used in determining the penalties imposed on a suspect.”
Before the passage of the bill during clause by clause consideration, Senator Ali Ndume (APC Borno) moved a motion for amendment to clause 11 of the bill, which initially prescribed life imprisonment to drugs and substances trafficking in Nigeria.
Ndume had called for stiffer sanctions and moved a motion for a prescribing death sentence.
The motion was seconded by Sen. Onyekachi Nwaebonyi (APC-Ebonyi) who said drugs and substance trafficking was doing great harm to the nation and hence, a stiffer penalty should be given to offenders.
When the voice vote for the adoption of the motion on death penalty was put to vote, the “Yes” had their way as the Senate Deputy President, Barau Jubrin, who was presiding ruled in favour of the “Yes”.
However, the decision did not go well for Senator Adams Oshiomhole (APC–Edo), who objected to the ruling, saying he was responsible to his constituents for every law passed in the Senate.
He said issues of life and death should not be passed based on a “Yes or No” response, advocating voting by every senator.
Responding, Barau said the best approach for the Edo lawmaker was to have called for a division immediately after the clause on the death sentence was adopted.
Barau said the decision to rule in favour of the “Yes” was not the making of the presiding officer but on the voice vote of members.
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