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Law against drug use, sales and trafficking

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Part 2 of the National Drug Law Enforcement Agency, NDLEA, Act (1989 No. 48; 1990 No. 33; 1992 No. 15; 1995 No. 3; 1999 No. 62), entitled “Offences” outlines drug offences and their penalties.

Section 11 entitled “importation” states thus:

Any person who, without lawful authority – imports, manufactures, produces, processes, plants or grows the drugs popularly known as cocaine (or benzoylmethylecgonine), Lysergic acid diethylamide(LSD or LSD-25), heroin or any other similar drug shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life;

  • Any person who, without lawful authority – exports, transports or otherwise traffics in the drugs popularly known as cocaine, LSD, heroin or any other similar drug shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life;
  • Any person who, without lawful authority – 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 drug shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life;
  • Any person who, without lawful authority – knowingly possesses or uses the drugs popularly known as cocaine, LSD, heroine or any other similar drug by smoking, inhaling or injecting the said 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 but not exceeding 25 years.
  • Section 20 titled “Offences in Relation to Drug Abuse and Penalties ” states thus:
  • Any person who, without lawful authority (the proof of which shall lie on him) commits any of the following offences:
  • 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;
  • 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;
  • 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;
  • 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;
  • 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 – shall be liable on conviction to be sentenced to be imprisonment for life; or
  • 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;
  • Engages in the management, organization or financing of any of the offences under paragraphs (a) to (f) of this subsection – shall be liable on conviction to be sentenced to imprisonment for a term not less than 15 years and not exceeding 25 years.

 

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