The recent move by the Nigerian Senate to amend the 2004 National Drug Law Enforcement Agency (NDLEA) Act, reinstating the death penalty for drug-related offences, is a misguided and counterproductive step.
This decision, reminiscent of the harsh measures from Nigeria’s military past, does not align with global best practices and raises significant human rights concerns. It is crucial to re-evaluate this approach and consider more effective and humane alternatives to address the country’s drug problem.
The Senate’s decision reflects its concern over the growing menace of drug trafficking in Nigeria. However, evidence suggests that the death penalty is not an effective deterrent to drug crimes. According to Amnesty International, death sentences have not significantly curbed the illicit drug trade. Their 2023 report highlighted that despite the execution of hundreds for drug-related offences in countries like Iran, Saudi Arabia, and Singapore, the trade persists unabated. These findings stress the futility of employing the death penalty as a solution.
Globally, there is a discernible shift away from the death penalty for drug offences. Countries like Portugal have decriminalised the use of all drugs, focusing instead on rehabilitation and harm reduction strategies. This approach has led to a significant decline in drug-related deaths and a reduction in the social harms associated with drug use. Similarly, in the United States, many states are moving towards legalising cannabis and investing in treatment and prevention programs rather than punitive measures.
The proposed amendment by the Nigerian Senate also poses practical challenges. Many state governors are hesitant to sign death warrants, resulting in prolonged detention and exacerbating the overcrowding in Nigeria’s already dilapidated correctional facilities. The Nigeria Correctional Service reported over 3,400 death row inmates as of 2023, illustrating the backlog and the moral dilemma faced by the governors.
Historically, harsh penalties have not resolved Nigeria’s drug trafficking issues. The execution of drug offenders during the military regime of Major-General Muhammadu Buhari did not prevent Nigeria from becoming a major transit point for drugs to Europe, Asia, and South America. Despite the NDLEA’s commendable efforts, including the seizure of significant quantities of drugs and the arrest of numerous offenders, the root causes of drug trafficking remain unaddressed.
For Nigeria to truly fight drug trafficking and abuse, a full-scale strategy has to be developed. This should involve enlightening the general public on the dangers of drug use through aggressive campaigns as well as setting up additional rehabilitation facilities to aid in the recovery of people with addiction. These programs need to be put in place by non-governmental organizations working together with various communities under the guidance of government bodies.
Also, focusing on dismantling the networks of drug barons rather than punishing low-level offenders can have a more substantial impact. The drug trafficking’s key actors could be scared off if the legal and judicial systems are fortified to ensure speedy and just trials of those involved in high-profile cases.
Reinstating capital punishment for drug offences is a regressive measure that counters global trends and proven best practices. It does not address the root causes of drug trafficking and abuse and provides many moral as well as practical challenges. Nigeria must adopt a more comprehensive approach that respects people’s rights by focusing on education, rehabilitation and isolating kingpins in this ever-recurring menace.
