AN ANALYSIS OF UNITED NATIONS CONVENTIONS ON PREVENTION AND CONTROL OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES: A CASE STUDY OF DOMESTIC IMPLEMENTATION IN NIGERIA
CHAPTER ONE
1.0 GENERAL INTRODUCTION
1.1 Background to the Study
As the fear of the holocaust of a world war due to ideological differences subsides; as the cold war which has now and again brought the world to the brink of annihilation through nuclear weapons enters into a welcome détente, the world has found itself grappling with a new type of war caused by a cankerworm which is gradually nibbling at its generation of humanity…this is the effect of narcotic drug abuse and trafficking in countries around the world.[1]
Drug use has been a part of human culture since antiquity[2]. Right from the earliest of time, humans, world over, have depended on the use of drugs for medicinal, recreational and spiritual purposes. For instance, the Bible mentions ‘mandrake’, which is a drug of plant origin.[3]The Bible states that Rachael allowed Leah to sleep with Jacob in exchange for a portion of ‘mandrake’ brought to Leah by Reuben4. This seemingly indecent affair shows just how coveted mandrake is to the ancient people. Again, under Islamic jurisprudence, the use of drugs has always found justification on the basic belief that for every ailment on earth, there is a cure[4]. There has also been the allegation that the ancient Muslim Shi’ite Sect called the Nizari Ismailis, who are also called the Hashshashin or Assassins, may have utilized hashish (a drug derived from cannabis) in their rituals to invoke mystical experiences in their quest for esoteric knowledge[5].
Medieval Muslim scholars had carried out much experimentation with various drugproducing plants, including the Cannabis plant, which produces ‘hashish’, for the purpose of curing ailments, reducing pain and for other purposes[6].
It soon became apparent, however, that despite all their perks, some drug producing plants possess a chemical compound known as toxic resin[7]. Toxic resin of drugs can be fatally harmful to the individuals who ingest it. With this discovery, it became necessary for authorities to regulate their use in order to protect the wellbeing of individuals and the society at large. Therefore, even in the olden days, community leaders controlled the use of such plants. In the Muslim world, such drugs are considered primarily as intoxicants due to their psychoactive effect, and therefore, are classified in the same category as alcohol. It is regarded as a sin in Islam for a Muslim to be intoxicated[8]. Hence, drugs are proscribed under Islamic Law as alcohol because they are intoxicants[9]. Allah Ta’ala states in the Holy Qur’an: O you who believe! Intoxicants and gambling, stone idols and divination are an abomination of Satan’s handwork.
Avoid (such abominations) that you may prosper[10].
The Holy Prophet Muhammad (pbuh) said in a narration reported by Ibn Umar that: Every intoxicant is Khmar (wine) and every intoxicant is Haraam (unlawful). Whosoever drinks wine in this world and dies whilst consumed in it (unrepentant) will not drink it in the next world[11].
Based on the effects of drugs, it can be concluded that illicit drugs are intoxicant and are therefore prohibited under Islamic Law. In modern times, law makers began enacting specific laws aimed at preventing and controlling the use of potentially harmful drugs[12]. Initially, the regulation of drug use was a task unilaterally undertaken by individual states. However, the global nature of illicit drug activities such as drug production, consumption and trade, made international law regulation in the area inevitable. A series of events, spanning three different periods in world history, namely, the pre League of Nations era, the League of Nations era and the post League of Nations era, eventually culminated into an extensive regime of international law preventing and controlling harmful drugs which the law regards as illicit. International law regulation of harmful drugs stem from the need to protect individuals in the international community from the adverse effects of drug abuses and to prevent illegitimate profit derived from illicit drug trafficking.[13]
Nigeria has ratified some of these international laws, in the form of the United Nations Conventions against illicit drugs. The process of the domestic implementation of these conventions is carried out with a view to solve the problems of drug addiction and drug trafficking in the country.
However, there is a rise in drug addiction in Nigeria. Some of the drugs commonly abused, such as cough syrup containing codeine, are not proscribed by law. This is because the law, such as the National Drug Law Enforcement Agency (NDLEA) Act, which is derived from the United Nations Conventions against illicit drugs, does not classify cough syrup as a narcotic drug or a psychotropic substance. The result is that the NDLEA cannot prosecute an individual for such an act. Consequently, the rate of cough syrup abuse increases, leading to the rise of drug abuse in the country. There are other drugs and substances that are commonly abused in the country apart from Indian
Hemp and Cocaine. But the same problem arises in the event that the case gets to the NDLEA for prosecution.
This matter is tied to the fact that, whatever is considered a narcotic drug or a psychotropic substance, is subject to international law definition, interpretation and control[14]. The United Nations Conventions determine what drug is illicit or licit. Therefore, since the Conventions do not classify cough syrup or solution or second die etc, (common drugs and substances abused in Nigeria), the NDLEA finds its power limited as such. It takes a lot for the NDLEA to handle such matters, making it possible for drug abuse to increase in the country.
Therefore, this research will analyse the domestic implementation of the United Nations Conventions against illicit drugs and conclude with findings and recommendations.
1.2 Statement of the Research Problem
The problem that drug abuse and drug trafficking pose to Nigeria is that the consequences are capable of breaking down and ultimately destroying the existence of the society affected. This can happen by undermining the ability of individuals in the society to contribute meaningful efforts for the progress of their community and the nation as a whole. Where the society needs professionals such as doctors, lawyers, engineers, judges, artisans, teachers, etc, so that essential services are rendered for the benefit of everyone, the individuals involved in drug abuse and drug trafficking cannot become any of this because of the problems of addiction.
The problem here also involves the consequences of taking illicit drugs. They are many and they include the following. The first problem of drug abuse in Nigeria is poor academic performance that can cause a student to drop out of school due to drug addiction because the student cannot pay proper attention in class as a result of the effects of intoxication and emotional instability. Secondly, the problem of poor parental and marital responsibility that can cause a parent or spouse to abdicate important duties and lead to the irretrievable breakdown of the family because of coping with illicit drug addiction such as idleness, low sexual libido, low morale and low self-esteem. Thirdly, the problem of poor social responsibility that can cause an individual to resolve to criminal activities that are related to drug abuse such as violent crimes and property related crimes like stealing, cheating, etc, because drug addiction is an expensive habit and drug addicts may resolve to any means to support their addition. These three problems directly affect the individual in the society because they relate to the immediate consequences of drug addiction and its devastation of individual, family and communal life. Since the family is the basic unit of the nation, or as it is said, the state of the nation begins at home, the law will play the role of safeguarding this basic unit of the nation from destruction caused by drug abuse. There is however other problems that contributes to illicit drug activities in the country.
The first is that cultivation of Indian Hemp in Nigeria is on the rise[15].This is mainly because of the profit involved in the activity. It is a lucrative activity and a huge profit for the farmer involved. It is the main reason why farmers in Nigeria will want to venture into it. Weed, as Indian hemp is popularly called, requires little efforts on the part of the farmer. The seeds are available from any drug dealer because the hemp is always sold along with the seeds attached. An Indian hemp smoker will have to remove or sieve the seeds from the hemp leaves anytime time he buys it and any farmer can collect the seeds for the sake of cultivation. The farmer needs little or no fertilizer to add nutrient to the soil for healthy harvest because the Indian Hemp plant is rugged. He doesn’t have to keep grooming the plants like other vegetable shrubs such as bitter leaf or Ugu shrubs. The hemp leafs can be picked while the plant remains and continue to produce leafs. It is this leaf that the farmer sells and make much more than his peers make cultivating other legitimate crops. However, the profits derived from the farming of Indian Hemp keeps up the supply of narcotics in the country.
