An Act to establish the National Drug Law Enforcement Agency to enforce laws against the cultivation, Processing, sale, trafficking and use of hard drugs and to empower the Agency to investigate persons suspected to have dealings in drugs and other related matter.

(1989 No. 48, 1990 No. 33, 1992, No. 15, 1995, No. 3 1999, No. 62)

(29th December, 1989)

(Commencement)

PART I

Establishment of National Drug Law Enforcement Agency Act

ARRANGEMENT OF SECTIONS

1. Establishment of the National Drug Law Enforcement Agency

2. Composition and proceedings etc., of the Agency

3. Functions of the Agency

4. Special powers of the Agency

5. The secretariat, appointment of secretary and other staff of the Agency

6. Application of the Pensions Acts.

7. Establishment of special units etc.

8. Special duties of the units

9. Training programme.

10. Power of the Attorney – General of the Federation to give directives to the Agency.

PART II

Offences

11. Importation, etc., of cocaine, heroin or similar drugs, etc.

12. Occupier unlawfully permitting use of premises.

13. Offender being armed

14. Conspiracy, etc.

15. Unlawful assumption of character of officer of the Agency

16. Tampering with drug

17. Escape or permitting escape

18. Preventing a person from attending as a witness.

19. Unlawful possession of cocaine, etc.

20 Offences in relation to drug abuse and penalties .

21. What constitutes exportation etc.

22. Offence of exportation of narcotic, drugs, etc

23. Attempts

24. Offences by bodies corporate

25. Commercial carrier

26. Jurisdiction, etc.

27. Forfeiture after conviction in certain cases

28. Forfeited property

29. Foreign assets

30. Forfeiture of passport

31. Property subject to forfeiture

32. Further provisions as to forfeiture

33. Seizure of property

PART III

Forfeiture of assets of persons arrested for offences under this Acts

34. Investigation of assets and properties of persons arrested for an offence under this Act

35. Disclosure of assets and properties by an arrested person, etc.

36. Interim forfeiture order.

37. Final order

38. Final disposal of forfeited property

39. Offences in relation to forfeiture orders

40. Consequence of an acquittal in respect of assets and properties

41. Power to search, seize and arrest

42. Freezing order on banks

43. Application of Act to certain persons.

PARTIV

Application of certain enactments

44. Application of certain enactments

45. Information to be supplied by Nigerian diplomatic mission

PART V

Miscellaneous and supplemental provisions

46. Fund

47. Accounts and audit

48. Annual report

49. Obstruction of Agency or authorized officers

50. Regulations

51. Repeal

52. Interpretation

53. Short title

SCHEDULES

FIRST Supplementary SCHEDULE

Second scheduleThird Schedule

Assets Declaration Form

Functions / Purposes of the National Drug Law Enforcement Agency Act are subsumed;

The Agency has the responsibility for:-

a. The enforcement and the due administration of the provisions of this Act;

b. The coordination of all drug laws and enforcement functions conferred on any person or authority, including Ministers in the Government of the Federation, by any such law:

c. Adoption of measures to identify, trace, freeze, confiscate or seize proceeds derived from drug-related offences or property whose value corresponds to such proceeds;

d. Adoption of measures to eradicate illicit cultivation of narcotic plants and to eliminate illicit demand for narcotic drugs and psychotropic substances with a view to reducing human suffering and eliminating financial incentives for illicit traffic in narcotic drugs and psychotropic substances.

e. Taking such measures which might require the taking of reasonable precautions to prevent the use of ordinary means of transport for illicit traffic in narcotic drugs including making special arrangements with transport owners;

f. Adoption of measures which shall include coordinated preventive and repressive action. Introduction and maintenance of investigative and control techniques.

g. Adoption of measures to increase the effectiveness of eradication efforts.

h. The facilitation of rapid exchange of scientific and technical information and the conduct of research geared towards eradication of illicit use of narcotic drugs and psychotropic substances.

i. Taking measures for the early destruction or disposal of the narcotic drugs and psychotropic substances which have been seized, confiscated or forfeited

j. Facilitation or encouragement of the presence or availability of persons, including persons in custody who consent to assist in investigations or participate in proceedings relating to narcotic drugs and psychotropic substances:

k. Enhancing the effectiveness of law enforcement to suppress illicit traffic in narcotic drugs and psychotropic substances.

l. Establishing, maintaining and securing communication to facilitate the rapid exchange of information concerning offices and improving international co-operation in the suppression of illicit traffic in narcotic drugs and psychotropic substance by road, sea and air

THE FOLLOWING ARE THE OFFENCES ALONG SIDE WITH THEIR PUNISHMENTS PROVIDED;

11. Importation, etc., of cocaine, heroin, or similar drugs etc. Any person who, without lawful authority:-

a. Imports, manufactures, produces, processes, plants or grows the drugs popularly known as Cocaine. LSD, heroine or any other similar drugs shall be guilty of an offence and liable on Conviction to be sentenced to imprisonment for life: or

b. Export, transports or otherwise traffics in the drugs popularly known as cocaine, LSD heroine or any other similar drugs shall be guilty of an offence and liable on conviction to be Sentenced to imprisonment for life.

c. Sells, buys, exposes or offers for sale or otherwise deals in or with the drugs popularly known as cocaine. LSD heroine or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life: or

d. Knowingly possesses or uses the drugs popularly known as cocaine. LSD heroine or any other similar drugs by smoking inhaling or injecting the said drugs shall be guilty of an offence on conviction to imprisonment for a term not less than fifteen years but not exceeding 25 years.

12. Occupier unlawfully permitting use of premises. Any person, who being the occupier or is concerned in the management of any premises, unlawfully permits or causes the premises to be used for the purpose of storing, concealing processing or dealing in the drug popularly known as cocaine. LSD, heroine or any other similar drug shall be guilty of an offence under this Act and liable on conviction to be sentenced to imprisonment for a term onto exceeding 25 years.

13. Offender being armed. Any person who is unlawfully concerned in the storage, custody, movement, carriage or concealment of the drug popularly known as cocaine, LSD, heroine, or any other similar drug and who, while so concerned, is armed with any offensive weapon or is disguised in any way, shall be guilty of an offence under this Act and liable on conviction to be sentenced to imprisonment for life.

14. Conspiracy, etc. Any person who:

a. Incites, promises or induces any other person by any means whatsoever to commit any of the offences referred to in this Act: or

b. Conspires with, aids, abets, counsels, attempts to commit or is an accessory to any act or offence referred to in this Act shall be guilty of an offence under this Act and liable on conviction to be sentenced to imprisonment for a term not less than fifteen years and not exceeding 25 years.

15. Unlawful Assumption of Character of officer of the Agency

Any person who, with intent to deceive, unlawfully assumes the name, character, or designation of an officer of the Agency shall be guilty of an offence under this Act and liable on conviction to be sentenced to imprisonment for a term not exceeding ten years.

16. Tampering with drug

Any person who unlawfully removes, conceals, destroys or in any way tampers with the drug popularly known as cocaine, LSD, heroine or any other similar drug seized from any person or otherwise in the possession of the Agency or any authorized person shall be guilty of an offence under this Act and liable on conviction to be sentenced to imprisonment for a term not exceeding 25 years.

17. Escape or Permitting Escape

Any person who

a. Being in lawful custody, escapes or

b. Aids any person in lawful custody to escape: Shall be guilty of an offence under this Act and liable on conviction to be sentenced to imprisonment for a term not exceeding seven years.

18. Preventing a Person from Attending as a Witness

Any person who willfully prevents or attempts to prevent any person who has been duly summoned to attend as a witness before the Federal High Court from attending as a witness, or from producing anything in evidence pursuant to the subpoena or summons served on him shall be guilty of an offence under this Act and liable conviction to be sentenced to imprisonment for a term not exceeding seven years

19. Unlawful possession Cocaine, etc.

Any person who, without lawful authority, knowingly possesses the drugs popularly known as cocaine, LSD, heroine or any other similar drugs shall be guilty of an offence under this Act and liable on conviction to be sentenced to imprisonment for a term not less than fifteen years and not exceeding 25 year

20. Offences in Relation to Drug Abuse and Penalties

1. Any person who, without lawful authority (the proof of which shall lie on him) commits any of the following offences, that is to say

a. Engages in the production, manufacture, extraction preparation, offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transportation, importation or exportation of any narcotic drug or any psychotropic substance contrary to the provisions of the 1961 Convention and its Protocols, or the 1971 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic substances 1989.

b. Engages in the cultivation of opium, poppy, coca bush or cannabis plant for the purpose of the production of narcotic drugs contrary to the 1961 convention.

c. Has in his possession or engages or purchases any narcotic drug or psychotropic substance for the purpose of any of the activities enumerated in paragraphs (a) of this subsection.

d. Engages in the acquisition, possession or use of property knowing at the time of acquisition, possession or use that such property was derived from any offence referred to in this section

e. Engages in the possession of equipment or material or substance listed in the second schedule of this Act knowing that such equipment, materials or sub-stance are to be used in or for the illicit cultivation, production or manufacture of narcotic drugs or psychotropic substances.

f. Engages in the manufacture, transportation or distribution of equipment, materials or of any substance listed in the Second Schedule to this Act knowing that such equipment, material or substance are to be used in or for the illicit cultivation, production or manufacture of narcotic drugs or psychotropic substances;

g. Engages in the management, organization or financing of any of the offences under paragraphs (a) to (f) of this subsection

h. Engages in the conversion or transfer to property knowing that such property is derived from any offence under this subsection

i. Engages in the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to or ownership of property knowing that such property is derived from any offence referred to in this section shall be guilty of an offence under this Act and subject to the provisions of subsection (3) of this section, be liable on conviction to the penalties provided in subsection (2) of this section.

2. The penalties for offences under subsection (1) of this section shall

a. In respect of an offence under paragraphs (a), (b), (d), (e), (f), and (h), be imprisonment for life

b. In respect of offences under paragraphs (c), (g) and (i) be imprisonment for a term not less than fifteen years and not exceeding 25 years.

3. The Federal High Court before whom an accused in being convict may in addition to the punishment prescribed in subsection (2) of this section, make an order requirement an offender to undergo measures such as treatment, education, aftercare, rehabilitation or social reintegration.

4. Notwithstanding subsections (2) and (3) of this section, the Federal High court before whom a minor is being convicted may, in an appropriate case, make an order as the circumstances may determine.

a. Either as an alternative to conviction or punishment: or

b. For treatment, education, aftercare, rehabilitation, social integration of the offender

21. What constitutes exportation, etc.

1. A person shall be deemed to have exported a narcotic drug or psychotropic substance under this Act. If he brings to or deposits the narcotic drug or psychotropic substance concerned at any time at any customs area, customs station. Customs airports customs station, customs airports customs port or any other customs point generally.

2. A person shall be deemed to commit an offence under this Act if;

a. He actually does the act which constitutes the offence; or

b. He does or omits to do any act for the purpose of enabling or aiding another person to commit the offence; or

c. He aids another person in committing the offence; or

d. He counsels or procures any other person in committing the offence; or

e. He counsels or procures any other person to commit the offence in which case he may himself be charged with committing the offence or with counseling or procuring the commission of the offence.

CRITICS ON THE ACT

With regards to the appointment of the chairman of this agency, in which the degree of his qualification or proficiency is not always determined upon recommendation by the attorney -General before the president does it, conscientious effort should be taken to consolidate the position of the head of the agency bearing in mind his onerous assignment through merit standard.

Thus section 9, itemized the cardinal roles of which each special units is responsible, the prosecution unit, often times are filled with ordinary educated persons and half- baked lawyers who are not grounded in the proceedings of litigations. Hence, this could warrant unscrupulous deviant to hook off in spite of their misdeeds

In relation to the general investigation and asset unit as provided in section 9 The consideration of antics and pranks exhibited by these ill-desired people, enough room are created which let culprits hook off easily. this is so because of the lack of instruments that could at ease detect law breakers under this Act .On the same vein, the issue of in adequate training ground and facilities which the officers could use to control and manage the modern challenges facing the agency. The uprising of crimes in the society especially as regards to drugs mis –management needed a radical sophiscated style so as to address the anomalies ravaging the agency.

APPRECIATION OF THE ACT…

Basically, it is not worthy to emphatically affirm that the Act has really done well irrespective of the lacuna therein. It has over the years fought to curb the menace of drug traffickers at the bud. In August 2012, the chairman in his public statement aforesaid ‘ I commend the un-relentless effort of the judiciary in ensuring the dispense of justice especially matters of our concern. He further said “ we have prosecuted about 742 cases in relation with the agency. Similarly, a case in point buttressed the unalloyed effort of the agency in empowering a social order. JOHN TIMOTHY V. FEDERAL REPUBLIC OF NIGERIA [SC. 129/2007] A judgment of the Nigerian Supreme Court

CONSTITUTIONAL LAW – National Drug Law Enforcement Act – measures up as an existing law which the National Assembly could legislate and has co-oted as its enactment .

Précis

In a summary trial after his plea of guilty the Appellant was tried, convicted and sentenced by the Federal High Court to a jail term for the offence of importing cocaine without lawful authority, contrary to and punishable under Section 10 (a) of the National Drug Law Enforcement Agency Act Cap 253 Laws of the Federation 1990.

The appellant was apprehended at the Nnamdi Azikiwe International Airport by National Drug Law Enforcement Agency on arrival from Amsterdam’s Schiphol Airport. An initial search of his bag by NDLEA officials revealed nothing. He was then taken into the NDLEA office and directed into the toilet, where he moved his bowels and egested expertly enwrapped substances which were packaged in his presence and sent to NDLEA Drug Laboratory for analysis. A Drug Analysis Report was subsequently issued and the substance recovered from the appellant was found to be cocaine. The appellant voluntarily wrote two confessional statements confirming that the substances were cocaine.

At his arraignment, the appellant pleaded not guilty, but changed his plea to guilty on the subsequent adjourned date and was re-arraigned. In the light of his plea of guilty, the exhibit tendered, the confessional statements and the recovered drug, the trial court found the accused person guilty as charged and convicted and sentenced him to a jail term.

The appellant appealed to the court of appeal, which dismissed his appeal as lacking in merit.

The Appellant further appealed to the Supreme Court. His contention at the Supreme Court was, inter alia, that the omission of the word ‘‘Act’’ from the citation of the Law under which the appellant was charged made it non-existing law. The citation of the Law in in the charge read ‘’National Drug Law Enforcement Agency Cap 253 Laws of the Federation 1990’ when it ought to have read ‘’National Drug Law Enforcement Agency Act Cap 253 Laws of the Federation 1990.’’ It was also argued on behalf of the appellant that the trial court ought not to have convicted the appellant on his plea of guilty in the absence of an absolutely unambiguous certitude that the cocaine tendered in court by the prosecution was the same as was recovered from the appellant. He said a possibility exists that the cocaine recovered from appellant was tampered with or substituted with something else, and more so as there was a difference between the quantities of what was recovered and what was tendered. Finally, appellant’s counsel argued that the plea and trial of the appellant was a nullity by reason of non-compliance with Section 218 of the Criminal Procedure Act because, according to him, there is no record that the charge read and or explained to the accused person; and that, hence as the charge is not shown to have been understood by the appellant, a miscarriage of justice had been thereby occasioned. The Supreme Court was urged to uphold the appeal.

The apex court affirmed the Court of Appeal’s finding on the said omission that same was an irregularity that is not fatal and did not prejudice the appellant as to occasion a miscarriage of justice to the appellant or nullify his trial and conviction.

ISSUES [as formulated by the Appellant and adopted by the Supreme Court]

1. Whether the charge against the appellant was based on an existing law and whether he can be convicted on such.

2. Whether it can be said that the exhibit tendered in court (cocaine) has been proved to be the same that was recovered from the appellant

HELD, dismissing the appeal on the following basis;

1. An existing law is a law that has not been repealed and has been adopted by the National Assembly as its own Act, or a House of Assembly after necessary modifications, where necessary, to bring it into conformity with the provisions of the constitution.

2. The National Drug Law Enforcement Act was made by the Federal Military Government as a Decree. It came into force on the 29^th day of December 1989. It has been modified by the National Assembly for the purpose of bringing it into conformity with the provisions of the Constitution. It is a law which the National Assembly could make, and it has been accepted by the National as its Act. It is existing law.

3. The charge against the appellant was based on an existing law, and the conviction was very much in order, since he was convicted under Section 10 of the NDLEA Act.

More so, the agency had made a wave in the circumstances of nabbing drug traffickers. In January 2012. The agency officially reported cases of drug traffickers arrested and convicted for the same reason of contravening the law..they had led how some were nabbed with cannabis at airport, sea port and all over the borders where they work in hand with the Nigeria custom service to salvage the malaise . the chairman Gaide was stating how they transferred 92 bn and 72 cases to the EFCC body as both in togetherness promote free corrupt Nigeria state.

THE AGENCY EMPLOYS THESE WAYS IN ACHIEVING THEIR GOALS…

Section 4 of the act empowers the agency to cause investigation of any sort as to whether any person has infringe any of the offences created by the act as relate either to the person’s proceeds, properties or his life style if suspected of unable to account for his source of income .Thus, Attorney – General may give specific or general directive on any matter which ought to be adhered.

Section 7 proviso made an explicit division of labour wherein :

a. General and Assets investigation unit bases on their painstakingly investigations

b. Prosecution unit, they dwells easily on litigation process and procedure to ensure smooth working of the agency

c. Counseling .focuses on rehabilitation, seminar and symposium exercise to ensure its effectiveness.

Section 9 causes establishment, special programme to train officers as it regards security challenges facing of the body, like the best tactics to fish out the perpetrators’ in order to realize the objective of the act. However, the agency observes the directive s of the attorney- general strictly in order to enthrone rule of law. Finally other relevant agencies like; EFCC, Anti-graft laws, money laundering Act and others aid them in stabilizing the system .Hence ,with these stated , the agency could possibly realize it’s relevant things i consider that the act should include or do away with…are as stated.

In my humble candid opinion, in considering the purpose of this Act, which is tend to avoid hitch-free corrupt Nigeria society. In punishing offenders , the concept of reform or rehabitation of offenders was not considered, in that, wherein because of the nature, background or impaired condition of the accused he did not know nor had a reasonability of knowing the act or the substance which he committed or is in possession of, at that period when the offence was committed due to certain circumstances. I m of the opinion that, it should be a punitive or deterrence measure in punishing offenders as regards aforementioned offences. In addition to that, punishments upon which offenders in this act tend to be drastic and tend not to promote justice to the core for the single reason of given culprits a second chance and most of it all a fair trial in litigations.