Groups caution Tinubu against signing Death Penalty for drug offences into law

JOEL OLADELE, Abuja 

The Coordinator of the Campaign Against Death Penalty for Drug Offences in Nigeria Programme and Founder/CEO, African Law Foundation (AFRILAW), Barr. Okereke Chinwike, and others, addressing the World Press Conference, in Abuja on Thursday

A coalition of civil society organizations has called on President Bola Ahmed Tinubu to reject recently passed legislation that reintroduces the death penalty for drug-related offenses. 

This plea came as the Campaign Against Death Penalty for Drug Offences in Nigeria was officially launched during a World Press Conference on Thursday, October 24, coinciding with the 2024 World Day Against Death Penalty.

The Coordinator of the Campaign Against Death Penalty for Drug Offences in Nigeria Programme and Founder/CEO, African Law Foundation (AFRILAW), Barr. Okereke Chinwike, in his speech advocated for the removal of the death penalty from proposed amendments to the Nigeria Drug Law Enforcement Agency (NDLEA) Act.

According to Chinwike, the government should rather channel the energy on addressing the root causes of drug offences in the society which he linked to poor living conditions, unemployment rate and little or no awareness.

Other organizations involved in the campaign are; the National Human Rights Commission (NHRC), Youth RISE Nigeria, and the International Federation of Women Lawyers (FIDA) Nigeria, with financial backing from the International Drug Policy Consortium (IDPC) in the UK.

In his remarks, Chinwike highlighted that the Senate’s recent decision to reintroduce capital punishment for drug traffickers and manufacturers lacks credible evidence to support its effectiveness as a deterrent.

“We heartily commend the Chairman/CEO of NDLEA in transforming the Agency into becoming one of the most accomplishing drug law enforcement agencies in Africa.

But that notwithstanding, on May 9, 2024, the whole world was shocked to the news that the Senate of the National Assembly has passed a bill for an Act to amend the Nigeria Drug Law Enforcement Agency (NDLEA).

“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. 

“For instance, the UN Report 2015, affirmed that “whether the offense is murder, a drug related crime or terrorism, the scientific evidence for deterrence is unreliable, inconclusive and, in many instances, simply wrong,” he asserted, 

The campaigners criticized the Senate for its unilateral action, noting the absence of widespread consultation.

“It will interest you to note 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. 

“Our members and most civil society organizations (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. 

“Moreover, the Senate and House of Representative Committee on Health members were conspicuously excluded as a member of the Joint Committee which definitely limited the Joint Committee in its true assessment and review on the drug situation and problem in Nigeria to make such a report,” Chinwike lamented.

The campaign not only seeks the abolition of the death penalty, but also the implementation of a comprehensive reform of Nigeria’s drug policies.

Amid Nigeria’s socio-economic challenges, Chinwike pointed out that resorting to capital punishment would further strain the already overwhelmed criminal justice system.

Addressing the economic ramifications, he noted, “The amended NDLEA Act will likely escalate healthcare, criminal justice, and prison costs.” He urged the federal government to create an environment conducive to health and human rights while promoting effective drug policy.

As part of their demands, which span both legal and humanitarian aspects, the campaign called for the National Assembly to remove the death penalty from the NDLEA amendment bill, and for President Bola Tinubu to reject the bill outright. 

“In the light of all above, and as we Mark the 2024 World Day Against Death Penalty and Officially Launch of the Campaign Against Death Penalty for Drug Offences in Nigeria Programme, we hereby as a matter of urgent  public interest: Call on the National Assembly (Senate and House of Representative) to REMOVE the inclusion of “DEATH PENALTY AS A CAPITAL PUNISHMENT FOR DRUG OFFENCES” in the Bill for an Act to amend the NDLEA Act CAP, N30, Laws of the Federation of Nigeria, 2004 (HB.472); 

“Call on the President of the Federal Republic of Nigeria NOT TO ASSENT to the Bill for an Act to amend the NDLEA Act, CAP, N30, Laws of the Federation of Nigeria, 2004 (HB.472) without the 

removal of the “Death Penalty for Drug Offences” by the National Assembly,” Chinwike appealed.

He also urged for comprehensive reforms to decriminalize low-level drug offenses and promote alternative measures to incarceration.

“We call on the Federal Government to take action and reform and/or harmonize all Nigeria drug laws on the basis of existing and emerging minimum health and human rights standards, and advance drug policies that address social inequalities and root causes of drug related issues, as well as promote non-stigmatizing attitudes that deter access to drug treatment, rehabilitation and harm reduction services;

“ We also call on the Federal Government to take action and decriminalization recreational drug use and low level non-violent drug offences as a means to reduce the enormous pressures on overburdened criminal justice systems and protect Nigeria citizens from further harms,and adoption of Alternatives to Imprisonment for low-level drug offences/offenders and people dependent on drugs,” he noted.

The legal luminary concluded with a passionate call to action: “The death penalty is a relic of a bygone era—it is cruel, inhumane, and unnecessary. We must pursue a just approach that addresses the societal implications of drug use and related crimes without resorting to state-sanctioned killing.”

The gathering, drawing stakeholders from numerous sectors, highlighted a unified commitment to transforming Nigeria’s approach to drug offenses and safeguarding human rights in the process. The campaign also plans to engage the public through various initiatives, including media conferences and awareness programs, starting from September 2024 through February 2025.

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