The Senator Representing
Lagos East in the Upper Chamber of the National Assembly, Senator Olugbenga
Ashafa’s Bill seeking to Amend the Nigerian Drug Law Enforcement Agency Act CAP
No. 30 today, came up for second reading.
The Act seeks firstly to
curb the excesses of Judges who pass light, varied and discretionary sentences
to convicts in clear disregard of the provisions of the NDLEA Act, which
stipulates a maximum sentence of life imprisonment, or minimum sentence of fifteen
years’ imprisonment for convicts.
While reading his lead
debate, the Senator pointed out that the stiff punishment originally prescribed
by the Act Is to deter people from engaging in drug related activities, but the
actions of some judges in passing light sentences only makes a mockery of the
deterrent nature of the Act thereby sending a wrong message to drug dealers and
traffickers, their countries, our youths and the international community, his
light sentences being imposed by judges contrary to the provisions of the Act.
The Bill seeks to amend
Section 26 of the Act by including an additional Clause, which makes it
mandatory for judges to impose the sentences stipulated in the Act for
convicts, removing completely the discretion which the judges have arbitrarily
exercised.
The said clause states
that “The penalties provided for in this Act shall be adhered to, and
notwithstanding any provision in any other law or rule of practice, a trial
judge shall not have the power to vary such penalties either by imposing a
lesser term of imprisonment or granting a convict an option of fine.”
Secondly the Act seeks
to correct a minor but significant error in the principal Act which mis-spelt
the word “heroin” as “heroine”.
The final amendment
seeks to increase the option of fine of N20, 000 imposed as penalty for
obstructing the Agency or authorized officers of the Agency in the exercise of
any of their powers to N100, 000.00.
The Senator, pointed out
to his Distinguished Colleagues that the economic-realty of Nigeria today has
rendered the N20, 000.00 fine paltry and unrealistic which necessitates the
increase to N100, 000.00.
While contributing to
the well received debate on the Bill, Distinguished Senator, Shehu Sani from
Kaduna Central, lent his support to the Bill by emphasizing on the need for the
Drug Law to serve as a deterent and to be enforced as contemplated by the
drafters of the Law. He commended the well detailed instances canvassed in the
body of Ashafa’s lead debate and pointed out that drug dealers are making use
of this lacuna in the Act, as it emboldens them to go about carrying out their
drug activities.
He noted that it is
essential that the Bill be passed quickly to avoid our dear country being
destroyed by drugs, as is the case in Guinea-Bissau.
The Senate president,
Dr. Abubakar Bukola Saraki in closing the debate added that the NDLEA Amendment
Bill is very important especially with the growing increase in drug use &
trafficking and that the Nigerian Senate will support everything to bring down
the illicit drug trade.
The Bill was then
forwarded to the Drugs and Narcotics Committee of the Senate for Consideration.
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