Civil society organizations (CSOs), including African Law Foundation (AFRILAW), West African Drug Policy Network (WADPN) Nigeria, Avocats Sans Frontiers (ASF) France/Lawyers Without Boarders, YouthRISE Nigeria and Drug Harm Reduction Advocacy Network (DHRAN) and International Federation of Women Lawyers (FIDA), have urged federal and state governments to repel death penalty for drug offences.
Speaking Thursday in Abuja, during a press conference to mark 2024 World Day Against Death Penalty and official launching of the campaign against death penalty for drug offences in Nigeria programme, the Coordinator of the campaign and CEO of AFRILAW, Barr. Okereke Chinwike, said, while passing a bill for an Act to amend the Nigeria Drug Law Enforcement Agency (NDLEA), the Senate controversially and hurriedly approved and reintroduced “Death Penalty” as the capital punishment, instead of life imprisonment for drug offence in Nigeria.
He lamented that there was no “wide public and stakeholders consultation or hearing”, contrary to the claim of the Senate Joint Committee on Judiciary, Human Rights and Legal Matters and Committee on Drugs and Narcotic.
He said their members and most CSOs working on drugs, development, health, human rights and justice issues in Nigeria were never invited to participate in any meeting or public consultation on the Bill by the Committee.
He said: “Firstly, we will start by recognizing and appreciating the current efforts and diligence of the Federal Government and in particular the NDLEA in confronting the increasing drug menace in Nigeria. Their records speak for itself. We heartily commend the Chairman/CEO of NDLEA in transforming the Agency into becoming one of the most accomplishing drug law enforcement agency in Africa.
“But that notwithstanding, on May 9, 2024, the whole world was shocked to the news that the Senate of the National Assembly have passed a bill for an Act to amend the Nigeria Drug Law Enforcement Agency (NDLEA) Act Cap N30 of the Laws of the Federal of Nigeria 2004, to strengthen the operations of the Agency, empower the agency to establish laboratories, update the list of dangerous drugs, Review the penalty provisions, Enhance the power of the Agency to prosecute drug-related offences and Issues subsidiary legislation.
“For penalty provisions, the Senate controversially and hurriedly approved and reintroduced “Death Penalty” as the capital punishment instead of life imprisonment for drug offence in Nigeria.
“The death penalty is for those involved in the manufacture, processing of dangerous drugs and those who engage in trafficking of hard drugs in the country for people to consume. The capital punishment also applies to the “cooking, preparation, trafficking, and dealing in or delivery of hard drugs by any means” in Nigeria.
“The Senate also approved fifteen years imprisonment without the option of fine for those who consume the illicit drugs in Nigeria.
“According to the Report of the Senate Joint Committee on Judiciary, Human Rights & Legal Matters and Drugs & Narcotics, the key reason for their review and reintroduction of death penalty as a capital punishment for drug offence is to “will create a deterrent effect and discourage potential offenders from committing offences due to the higher perceived cost or consequence”.
“This assertion is very deceptive and false in all ramifications as there is no evidence to back-up the claim was cited either in the document or during the debate. There is lack of any convincing evidence to support the argument that the death penalty is more effective in crime prevention than other punishment and other alternative approaches in Nigeria and across the globe.
“As part of the activities to mark the 2024 World Drug Day, the West Africa Drug Policy Network (WADPN) Nigeria Chapter and YouthRISE Nigeria led and started a national CSOs coalition to carry out some advocacy campaign to the Federal Government of Nigeria by writing and sending an Open Letter to the President appealing and requesting that he object, reject and ensure the removal of “death penalty for drug offences” from the approved Bill.
“We requested for the president not to assent to the Bill without the removal of the “Death Penalty for Drug Offences” by the National Assembly; and to take action to abolish death penalty for all crimes and commuting all death sentences to terms of imprisonment in Nigeria including establishment of an official moratorium on executions in Nigeria, and among other things.
“Historically, death penalty for drug offence is a footprint of a military regime in Nigeria. In 1984, the Military regime through the Special Tribunal (Miscellaneous Offences) Decree No. 20 introduced death penalty by firing squad for drug offences in Nigeria for the first time.
“The 1984 Decree was one of fiercest and most draconian drug law in Africa. Hence; the death penalty was replaced with life imprisonment through the Special Tribunal (Miscellaneous Offences) (Amendment) Decree of 1986 due to public outcry and condemnation against it.
“In this view, as a leading democratic nation in Africa, it is our strong opinion that the action of the National Assembly by enacting another “Militarized”, “Fiercest” and “Draconian” Drug Law in Africa is very retrogressive and repressive, and should never be supported and accepted by Nigerians.
“Furthermore, you will agree with us that death penalty is the ultimate cruel, inhumane and degrading punishment and it violates the right to life as proclaimed in the Universal Declaration of Human Rights (UDHR) and in the 1999 Constitution (as amended) including other relevant international, regional and national human rights laws and treaties that applies to Nigeria.”
He added: “Death Penalty as a punishment is a premeditated and cold-blooded killing of a human being by the state in the name of justice.
“As an entity of the United Nations system, UNODC advocates the abolition of the death penalty and calls upon Member States to follow international standards concerning prohibition of the death penalty for offences of a drug-related or purely economic nature.
“Hence, in a 21st century, the promotion and adoption of public health and human rights approach to drug control response is the best global practice not reintroduction and imposition of a death penalty in the drug law of Nigeria.
“Hence introducing a more punitive measure such as death penalty will worsen public health status of infectious diseases in the country.
“The reintroduction and use of death penalty for drug offences will place a great and significant pressure on already over-burdened criminal justice system in Nigeria. People incarcerated for drug offenses account for a substantial percentage of prisoners in Nigeria, and this highly negate the purpose and goal of enactment and the implementation of the Administration of Criminal Justice Act 2015 by the Federal Ministry of Justice in advancing justice sector reform and addressing prison overcrowding and over incarceration, including alternatives to incarceration and applying the principle of proportionality.
“However, in opposing, rejecting and condemning the death penalty for drug offences in Nigeria, we are in no way seeking to minimize or condone drug related crime for which the death penalty was recommended and approved by the 10th National Assembly.
“We acknowledge fully the negative impacts and harms of drug related crime in the Nigerian society and recognizes the duty of governments to protect the society and its members against such harms and effects.
“Also, we do not condone acts of violence and recognizes the duty of governments to bring to justice those responsible for criminal acts. However, the duty should not involve the taking of life of human beings by the government.
“The death penalty is not the solution to criminality and evidence from our work over the decades has shown the reluctance of the State Governors in signing death warrant and public execution on those on death row.
“This fact is no different in other climes where capital punishment for drug related offence is shrouded in secrecy, with limited evidence, marked by prolonged detention and growing budget of prison operations as well as mis-application of judgement or vindictive practices. There is no credible evidence that the death penalty has a greater deterrent effect on crime than prison terms.
“We believe that people found guilty of drug crimes following a trial that meets international fair trial standards should be held accountable but without recourse to the death penalty.
“The fundamental goal of drug policies in Nigeria should be to improve the health, safety, security and socioeconomic well-being of people by reducing drug use, drug-related harms, illicit trafficking and associated crimes. At this time the country is going through tough economic times it is not expected that the country will engage in adventures the will accrue avoidable expenditure.
“We call on to the Federal Government to take action and ensure that criminal justice system for drug law enforcement is sufficiently resourced and capable of investigating crimes effectively including supporting victims and ensuring that drug offenders have a fair trial without recourse to the death penalty.”