HURIWA lauds amendment of NDLEA Act

Tue, Dec 3, 2024
By editor
5 MIN READ

Politics

 …advocates full financial autonomy for agency

THE Human Rights Writers Association of Nigeria (HURIWA) has lauded the recent amendment to the National Drug Law Enforcement Agency (NDLEA) Act, which prescribes life imprisonment for individuals involved in storing, transporting, or concealing hard drugs and illicit substances. The amendment eliminates the previously included option of a fine, a move HURIWA described as a crucial step in strengthening Nigeria’s legal framework against drug trafficking.

In a statement issued on Tuesday, HURIWA emphasized the significance of the amendment, which was considered during a plenary session of the Senate presided over by Deputy Senate President Barau Jibrin. This amendment also replaces an earlier proposal for the death penalty, a provision that had faced stiff opposition from human rights organizations, including HURIWA, and other stakeholders.

“The amendment reflects the recommendations of the conference committee of both chambers of the National Assembly and comes after extensive deliberations,” HURIWA stated. The organization noted that the Senate had initially proposed the death penalty for drug offenders—a move widely criticized by human rights advocates and resisted by the NDLEA itself. “We commend the lawmakers for adopting life imprisonment instead, as this aligns with global human rights standards while addressing the concerns raised by stakeholders,” the association remarked.

HURIWA further described the amendment as a necessary intervention to bolster Nigeria’s fight against the proliferation of hard drugs, adding that by prescribing life imprisonment without an alternative of a fine, the revised law sends a powerful deterrent message and reaffirms Nigeria’s commitment to meeting international human rights obligations.

The association highlighted that during the plenary, the Chairman of the Senate Committee on Judiciary, Human Rights, and Legal Matters, Tahir Monguno, warned of the implications of the death penalty, pointing out that it could lead to the execution of over 900 individuals currently incarcerated for drug-related offenses. HURIWA praised the pragmatic decision to adopt a penalty that balances justice and humanity while emphasizing the need for strict penalties to deter offenders.

The revised section of the NDLEA Act stipulates: “Anybody who is unlawfully involved in the storage, custody, movement, carriage, or concealment of dangerous drugs or controlled substances and who, while so involved, 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 life imprisonment.”

HURIWA believes this provision provides a robust legal framework to support the NDLEA’s efforts in combating drug trafficking. The association commended the leadership of NDLEA Chairman, Brig. Gen. Buba Marwa (retd.), for advancing the nation’s counter-narcotics campaign through strategic operations and public awareness initiatives.

The recent amendment also includes a provision allowing the NDLEA to retain a portion of the proceeds from forfeited assets related to drug cases for its operations. HURIWA commended this addition as a significant move toward sustainable funding, noting that it grants the agency partial financial autonomy.

However, the association maintained that partial autonomy is insufficient for the NDLEA to effectively combat drug trafficking and abuse. HURIWA called for holistic reform, advocating for comprehensive financial independence akin to that of the National Human Rights Commission (NHRC), which was granted full operational and financial autonomy through legislative reforms.

“While allowing the NDLEA to retain proceeds from forfeited assets is commendable, we urge the government to consider granting the agency full financial autonomy. This will ensure that the NDLEA has the resources required to pursue its mandate without undue financial constraints,” HURIWA asserted.

HURIWA underscored that granting the NDLEA full financial and operational autonomy would significantly enhance its effectiveness. Drawing parallels to the transformation of the NHRC after gaining autonomy, the association argued that similar reforms for the NDLEA would ensure that the agency operates independently and efficiently in its mission to address drug-related challenges.

The association also commended the NDLEA’s achievements under Brig. Gen. Marwa’s leadership, citing high-profile arrests, drug seizures, and extensive awareness campaigns as evidence of the agency’s dedication. The recent amendment, according to HURIWA, offers additional legal tools to bolster these efforts.

As the amended bill awaits presidential assent, HURIWA urged President Bola Tinubu to approve it promptly while considering further reforms to grant the NDLEA full financial and operational independence. The association stressed that empowering the NDLEA is critical to Nigeria’s social and economic development, as the agency plays a pivotal role in curbing drug abuse and trafficking.

HURIWA concluded by reiterating its support for the NDLEA and its leadership, calling on all stakeholders to collaborate in creating a drug-free Nigeria. The association also commended the National Assembly for its proactive approach to addressing the challenges of drug trafficking and abuse while advocating for continued reforms to strengthen the agency’s capacity and independence.

“Only through a comprehensive approach to legislative reform can we fully equip the NDLEA to lead Nigeria’s fight against drug trafficking and addiction,” HURIWA stated.

3rd December, 2024.

C.E

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