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LEGALITY OF MARIJUANA IN NIGERIA: A LEGAL OPINION -Kayode Ajulo, PhD

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Abstract
In the recent times, there have been calls from different quarters on the need to legalize the use of Marijuana in Nigeria. This legal opinion considers the mischief behind the laws proscribing the production, possession, sale and use of Marijuana and thereafter considers the benefits of legalizing Marijuana in Nigeria.

Introduction
Classified as an illicit drug in many countries, marijuana is outlawed by many governments. In Nigeria, it is often referred to as ‘Indian hemp’, in the country, Cannabis Sativa, which has enjoyed use as fibre, seed and seed oils, medicinal purposes, and as a recreational drug traces its origin to Central and South Asia. The drug also has many other aliases igbo, dope, ganja, sensi, kuma, morocco, eja, kpoli, weed, trees, etc. Though usually smoked, the plant can be soaked in alcoholic drinks dubbed ‘monkey-tail’, and consumed mostly in the south-south parts of the country. Some people cook food with it, some boil it to drink as tea, while others just chew the plant and seeds.

Physiologically, cannabis causes euphoria, relaxes the muscles and increases appetite. On the downside, the drug can impair motor skills, cause anxiety and paranoia and decrease short-term memory.

Deemed an illicit drug by the law, it had always been an offence in Nigeria to smoke marijuana, and it has largely been frowned upon by society. However, paradoxically, despite increased hounding of growers, sellers, and users, marijuana appears to be consumed in ever greater quantities.

The Agency saddled with the enforcement of drug laws in Nigeria is the National Drug Law Enforcement Agency (NDLEA). The Agency has the job of curtailing the consumption of drugs in Nigeria. The general powers of the Agency is contained in section 3 of the NDLEA Act.

Under the NDLEA Act, which came about by the promulgation of Decree Number 48 of 1989, the possession or smoking of cannabis, or even allowing one’s premises to be used for dealing in cannabis, can result in a prison sentence from 15 years to life. Its precursor, the Indian Hemp Act, was even harsher, carrying a maximum sentence of death.

Marijuana in Nigeria
Statistics show that cultivation to transportation and to sales, the marijuana industry connects different cities throughout Nigeria. At many outdoor markets and public motor garages, it is not strange to see marijuana smokers puffing away.

The 2011 United Nations Office on Drugs and Crime (UNODC) World Drug Report stated that cannabis use was prevalent among 14.3 per cent of 15 to 64 year olds in Nigeria. The same report in 2014 revealed that Nigeria had made the highest number of cannabis seizures of any African country. Following this report, the NDLEA launched a programme dubbed ‘Operation Weed Eaters’ that aimed to rid the country of cannabis.

While marijuana can be grown in all parts of the country, according to the NDLEA, the states that are notorious for cultivating the plant are Ondo, Ogun, Osun, Oyo, Ekiti, Edo and Delta. In September, the NDLEA destroyed cannabis farms in Ute and Ose local government areas in Ondo State and arrested 30 suspects, seizing 31 kilograms of dried weed suspected to be marijuana in the Suleja area.
Between January and June 2014, NDLEA arrested 4,511 suspected drug traffickers and seized 47,423 kilograms of drugs. Of that number, cannabis accounted for 45,875 kilograms. Though these seizure figures are high, large quantities of marijuana still find their way to the market baffling the law enforcement system.

Legalizing Marijuana in Nigeria
While it is important to note that many countries including Nigeria have enacted harsh laws against the cultivation, possession or sale of cannabis. In fact, dealing or using marijuana in countries such as Singapore, China, Malaysia, United Arab Emirates, and Saudi Arabia could land one from four years in jail to public beheadings.

But in recent years, some nations have adopted a different strategy, of decriminalizing marijuana usage as a way of combating it. These societies have also often reduced the penalties for possession of small quantities of cannabis, so that it is punished by confiscation or a fine rather than by imprisonment. The idea has been to focus more resources on those who traffic the drug.

Uruguay made history by becoming the first country to legalise cultivation, trade and usage of marijuana in December 2013. In countries as varied as the Netherlands, Germany, Mexico, Peru, and Canada, the emphasis has shifted towards the decriminalization of marijuana. Jamaica, a country where marijuana smoking has long been popular, is set to decriminalize it too.

In 2018, Thailand’s military government unanimously approved medical marijuana use, which would make it the first country to legalize cannabis use in any form in Southeast Asia.

There are several laws in Nigeria which prohibit cultivating, possessing and using Marijuana.

Section of 11 of the NDLEA Act provides that:

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) exports, 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 and liable on conviction to imprisonment for a term not less than fifteen years but not exceeding 25 years.

See also Okewu v FRN (2012) LPELR-7834(SC); Nwadiem v. FRN (2018) LPELR-9845 (CA)

Similarly, section 7 of the Indian Hemp Act prohibits the use of Indian hemp.

From the above provisions, the law proscribes the illegal cultivation, use, sell and possession of Narcotics. The poser from the above is “whether there could be instances of legal cultivation, use, sell and possession of Narcotics?”

A careful perusal of the National Drug Law Enforcement Agency Act will reveal that there was no mention of legal use of Narcotics. What could appear to seem as a provision for legal use is provided for under section 3 of the NDLEA Act. The section provides that:
(1) Subject to this Act and in addition to any other functions expressly conferred on it by other provisions of this Act, the Agency shall have responsibility for-…

(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;

It is on the heels of this provision that the NDLEA had given a letter of “No Objection” to Medis Oil Company Limited and two others to import seeds of industrial cannabis for research purposes.

Similarly, Under Article 3 paragraph 5 of the 1961 Single Convention on Narcotic Drugs to which Nigeria is signatory to, it is envisaged that as a result of research, a drug may be deleted from schedule IV of the 1961 Single Convention if researches reveal its therapeutic advantages. At the risk of repetition but for the sake of emphasis the Paragraph provides:

A Party shall, if in its opinion the prevailing conditions in its country render it the most appropriate means of protecting the public health and welfare, prohibit the production, manufacture, export and import of, trade in, possession or use of any such drug except for amounts which may be necessary for medical and scientific research only, including clinical trials therewith to be conducted under or subject to the direct supervision and control of the party.
(Underlining supplied for emphasis)

A careful reading of the 1961 Single Convention on Narcotic Drugs reveal that Narcotics may be used by signatory states for research and medical purposes. Cannabis plant or its resin or extract with THC content lower than 1% is considered as CBD (medical) cannabis and not psychoactive.

Economic benefits of Marijuana: Thailand as a Case Study

Despite the facts that the mischief which several stringent laws against Narcotics seek to prevent is the harm they do to human health, recent medical studies have also indicated that marijuana can also be beneficial to health.

Thailand’s military government unanimously approved medical marijuana use, which would make it the first country to legalize cannabis use in any form in Southeast Asia.

It is apropos to note that Thailand was once infamous for its harsh penalties on drug users, including the death penalty. Cannabis was also once extensively used in Thailand for medicinal purposes as well as clothing, where fibers from both marijuana and hemp plants were used in creating fabrics. Thailand’s cannabis is one of the country’s largest exports.

Globally, the medicinal cannabis industry is projected to be worth $55.8 billion dollars by 2025.

Considering the High rate of employment in Nigeria, legalizing Marijuana will provide job opportunities for many Nigerian youths.

Health Benefits of Cannabis
One of the first big medical issue that cannabis was shown to effectively treat is Glaucoma. Ingesting cannabis helps lower the pressure in the eyeball, giving patients at least temporary relief.
It can improve lung health. Some conditions like lung cancer and Emphysema have been shown to regress when cannabis is thrown to the mix.

Cannabis can also offer serious relief for arthritis, especially when using quality cannabis creams and balms. It’s helpful for those with post-traumatic stress disorders (PTSD). It could help regulate metabolism: as it helps your body process and deal with food and obesity, it also helps maintain and regulate metabolism.

It also helps people with AIDS/HIV in the sense that cannabis helps those living with it cope by helping them maintain their diets and handle associated pains and aches.

It proved effective for treating nausea: chemical compounds in cannabis react with brain receptors to regulate feelings of nausea.

Cannabis could potentially treat headache naturally and won’t chew through your stomach lining or take its toll on ones body.

It has also been found to be at least somewhat effective in the treatment of a handful of sexually transmitted diseases, including Herpes and Chlamydia.

It could help with speech problems: if anyone has an issue with stuttering, cannabis can help in the same way that it helps calm spasms and twitches.

It can improve skin conditions and treat skin conditions like eczema vide cannabis topical.

Recreational Benefits of Marijuana

Apart from the argument for the legalization of cannabis for medical and medicinal purposes, there is the argument that its possession and use for recreational purposes should be decriminalized. As would be seen, some countries have passed legislation that decriminalizes possession up to certain amounts and allows recreational use and cultivation up to certain amounts too.

Notwithstanding, there remain ethical questions to its widespread use. At the core of this ethical debate is the question: Is it morally wrong to be high? I am certain that we will agree that we might not have a winner in that debate.
If we are to go by the fact that it impairs cognitive abilities, then it might be morally wrong to ingest anything that impairs our sense of judgment in any way.

Conclusion
Taking clue from the Utilitarian theory that “actions are right in proportion as they tend to promote happiness”, from the facts and benefits highlighted above, there is really a need to legalize the use of Marijuana in the country.

It is succinct to point out that war on drugs is often far costlier than the drugs themselves. Thus if the money pumped against the use of drugs could be redirected in cultivating Marijuana for economic use, there will be a great boast in the economy of the Country.

Finally, one of the greatest problems in policing the illegal use of cannabis is the enforcement of the laws governing its illegality. This in itself has been one of the big drivers for the calls for its legalization across many countries of the world. Most of the proponents of the legalization of its use for both medical and recreational purposes have stated that its criminalization has not stopped its increasingly widespread use but instead, has helped deny people of its ‘wonder working powers’, as a drug, especially in treating chronic pain as earlier mentioned.

Recommendations

Having considered the benefits accruable to the production, sale and use of Marijuana, it is hereby recommended that the National Assembly should be lobbied to amend the provisions of the NDLEA Act and other relevant laws in order to make room for the legal production, manufacturing, sale and use of Marijuana in Nigeria which in turn boast the economy of the Nation as a whole.

The National Drug Law Enforcement Agency should also enforce the provisions of 1961 Single Convention on Narcotic Drugs and allow the use of Marijuana for medicinal purposes.

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TY Buratai literary Initiative distributes books to school in Kaduna

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TY Buratai literary Initiative distributes books to school in Kaduna From Noah Ebije, Kaduna

TY Buratai literary Initiative distributes books to school in Kaduna

From Noah Ebije, Kaduna

The TY Buratai Literary Initiative (TYLI) founded by the former Chief of Army Staff (COAS) Lt. General Tukur Yusufu Buratai (retd) has distributed 40 assorted books to Girau International School in Kaduna.

According to chairman of TYLI, Dr. Liz Ben-Iheanacho, there are five boxes containing 40 assorted books each to be distributed to five schools across the country for the 2025 programme.

She said Girau school was the first to receive the box for book placement in schools this year

Speaking to newsmen at the occasion, Iheanacho assured that the foundation will continue to engage Nigerian youths through literacy and literary advocacy.

“We are making impact, one reader one time, transforming literary fortunes six winners at a time and with clarity and focus, will continue to work towards a more literate Nigeria as the vehicle for social transformation.

“The Foundation is an educational outreach and community give-back service initiative that has mandate to contribute to a more literate Nigeria through book placements which ensure quality, age appropriate leisure reading materials for youths.

“It also exist to incubate literary potentials through the TYBLI Young Adult Literature Prize. During its maiden outing in 2024, the foundation kept faith with its mandate by placing book box in 3 schools: Nasarawa state and FCT.

“It also expanded the number of literary awards available in Nigeria, birthed the number of winners of a single literary prize in Nigeria”. She said

Earlier in his welcome address, the Director of Girau International School, Rear Admiral Abdul Adamu Biu (Retd) stated that, “At Girau International School (GIS), our curriculum is a blend of Nigeria and British curriculum. We also boast of experienced teachers, secure learning environment and unique Eco-Friendly structures as well as modern learning facilities conforming to the objectives of Basic Education.

“The choice of a blended curriculum is to enhance learning outcomes that exposes learners to a wider range of deliverables that include skill acquisition, technology, practical life experiences and hands-on-learning programs for children of all ages. At GIS, we give attention to excellent handwriting skill, reading and spelling proficiency as well as mental mathematical accuracy.

“We also train our learners on public speaking, Robotics, Artificial Intelligence (AI) and Internet of Things (IoT). Teacher training and development is also an ongoing process in a sustained manner to ensure teachers are in tune with new trend and technological advancement in the educational sector.

“Learning is a world of fun and adventure at GIS. That’s why we are dedicated to developing early readers while focusing on comprehensive educational development. In this regards, we dedicate reading time where we employ phonics, fluency, vocabulary development and key reading strategies to enhance comprehension.

“This speaks to the ‘Book Placement Project’ by the TY Buratai Literary Initiative (TYBLI) as we are witnessing today. The ‘Book Placement Project’ can be summed up to be Literary appreciation which is a process of actively reading, understanding, and critically evaluating work of literature, considering its various elements, including theme, style, language, and overall impact.

“Therefore, by accepting the ‘Book Placement Project’, GIS will ensure that both subjective engagement and objective analysis will be utilized to ultimately deepen understanding and enjoyment of the text to be read by our learners.

“GIS is here instituting two categories of awards to support the ‘Book Placement Project’ initiative. The awards will be ‘The Most Number of Books Read’ and the ‘Best Reviewers’. The first to third positions in each categories will be awarded accordingly”.

TY Buratai literary Initiative distributes books to school in Kaduna
From Noah Ebije, Kaduna

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Protecting Children’s Rights: NBA Ikorodu Branch Takes a Stand

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Protecting Children's Rights: NBA Ikorodu Branch Takes a Stand By Ifeoma Ikem

Protecting Children’s Rights: NBA Ikorodu Branch Takes a Stand

By Ifeoma Ikem

The Nigerian Bar Association (NBA) Ikorodu Branch, has launched a sensitisation programme aimed at promoting the effective practice of the Child’s Rights Law across the schools in the entire Ikorodu suburb of Lagos State.
The programme, titled: “Training the Trainer Initiative Series,” brought together stakeholders in the education sector to discuss the importance of child’s rights and protection.

Chief Magistrate Olajumoke Olagbegi-Adelabu, a key resource person at the event, emphasized the significance of understanding the Child’s Rights Law.

She disclosed that children are a divine inheritance and it’s crucial that parents and guardians know their rights. “When we understand the law, we can advocate for it. We should join hands to train children in the society, ensuring all have access to quality education” she said.

Olagbegi-Adelabu highlighted the duty of caregivers to help children actualise their rights, adding that data collection is essential for forensic reports and child protection.

“A child’s rights are paramount. We need to know the legal framework of child protection and manage their behaviour generally,” she stressed.

Oyinkansola Badejo, Esq, noted that guardians are the best teachers globally, playing a vital role in shaping children’s lives.

She noted the need for continuous training and retraining on new trends in teaching and the Child’s Rights Law, adding:

“We should accept whatever comes up and work together to train children in the society, ensuring all have access to quality education.”

Comrade Abiodun Kolawole, Esq ( AKA “Iya Gani Fawehinmi”) a renowned activist, Media and Legal Practitioner took the participants through pre-test and post Examination Questions of Training the Trainer Initiative Series,” emphasized the importance of proper parenting and value orientation, stating that children have the right to voice their opinions and areas of needs which must be heard and listened to globally.

“It’s essential duty bearers and persons who takes care of children help them actualised these rights,” she added.

The NBA Ikorodu Branch Chairperson, Olawunmi Adeola, Esq, explained that the programme was initiated after a disturbing video emerged showing a teacher physically abusing a three-year-old pupil.
Describing the rationale for such physical abuse on minors as disheartening, she canvassed the need to train and retrain schools guardians and sensitize them to the Child’s Rights Law.

Adeola emphasized the NBA’s commitment to protecting children’s rights, saying, “We are not going to stop.

The sensitization and awareness programme is a continuous thing. We’ll take it to religious bodies, community heads, and markets.”

Adeola advised parents to prioritise justice for abused children, saying, “When you see something, say something. Let all the perpetrators face the law. Allow justice to prevail for abused children. Remember, whatever you’re offered cannot change the trauma the victim has experienced”.

Protecting Children's Rights: NBA Ikorodu Branch Takes a Stand

By Ifeoma Ikem

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2baba, Makhadzi, Stonebwoy, Eddy kenzo, Nikita others storm Ethiopia as AU unveils AFRIMA 2025 Calendar, Host City

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2baba, Makhadzi, Stonebwoy, Eddy kenzo, Nikita others storm Ethiopia as AU unveils AFRIMA 2025 Calendar, Host City

2baba, Makhadzi, Stonebwoy, Eddy kenzo, Nikita others storm Ethiopia as AU unveils AFRIMA 2025 Calendar, Host City

Celebrated African music icon 2baba Idibia will headline a dynamic lineup of artists and global music industry leaders as panelists at the upcoming AFRIMA 2025 Music Conference, which forms part of a two-day event organized by the African Union Commission (AUC) and the International Committee of the All-Africa Music Awards (AFRIMA) to unveil the AFRIMA 2025 Calendar and Host City, at the AU Headquarters, in Addis Ababa, Ethiopia, from May 13 to 14, 2025.

 

Joining 2baba on the panels are top names such as South African superstar, Makhadzi; the vibrant Kenya music sensation, Nikita Kering; Ugandan multiple-award winner, and music executive, Eddy Kenzo; international pop star and ARIMA 2018 best artist in Raggae/Ragga from Ghana, Stonebwoy; Founder and CEO of Bana Records, Ethiopia, Bien Mekonnen; AFRIMA’s Regional Director and CEO of Yekwatu, Mike Strano; and Leo Fakhrul the Founder and Managing Director, Mamba Sounds, Edinburgh, UK amongst others. Together, they will engage in forward-thinking conversations around the future of African music, and the continent’s evolving creative economy.

2baba, Makhadzi, Stonebwoy, Eddy kenzo, Nikita others storm Ethiopia as AU unveils AFRIMA 2025 Calendar, Host City

According to Eyob Alemayehu, AFRIMA’s Country Director in Ethiopia, the excitement surrounding the hosting rights bid will hit its peak when the winning city is officially announced and awarded a certificate during the event.

Alemayehu also mentioned that the official theme for this year’s Africa’s global Music Award and the biggest music event in Africa, AFRIMA 2025 will be revealed during the two-day event, which will feature other exciting activities and programs that speaks to the seven (7) pillars of AFRIMA; (1) Music Awards (2) Music Festival (3) AFRIMA Kreative Academy (4) Talent Discovery and Promotion (5) Africa Music Business Hub (6) Policy Debate and Advisory (7) Advocacy

The first day will begin with an intellectually engaging Music conference with theme: Music Beyond Borders, followed by a host city announcement and calendar unveiling. Experts will dive into important topics like music industry policies, international collaborations, and strategies to boost Africa’s creative sector from developmental and economic growth prism. The calendar unveiling will provide information on the various programs, build-up activations and dates for main ceremonies of AFRIMA 2025.

“It’s a fully loaded first day,” said Alemayehu. “The Music Conference will kick off with the first panel session, ‘Borderless Beats: The Future of African Music in a Globalized World’, exploring how African sounds are resonating with global audiences. This will be followed by Panel Session 2, ‘Unlocking and Monetizing Africa’s Music Economy’, where top industry experts will discuss strategies to grow and sustain the continent’s creative sector.”

“We are bringing some of Africa’s most respected voices in music, and key industry leaders to Ethiopia because this is a crucial moment for the continent’s creative industry. Their insights and experiences are vital as we discuss and dissect the future of African music and explore strategies to grow a sustainable creative economy that speaks to both our heritage and our global aspirations.”

The day will wrap up with the AFRIMA Dinner & Social Networking Event, an exclusive gathering featuring AFRIMA and AU officials, renowned artists, and special industry stakeholders. This is a fantastic chance for everyone in the African music scene to connect and explore potential collaborations, Alemayehu said.

He added that on the second day, delegates will have a fantastic opportunity to explore the country’s rich cultural heritage. The City Tour will take participants to intriguing historical landmarks, heritage sites, museums, and artistic hubs, allowing for an immersive experience of Ethiopia’s vibrant culture.

“The unveiling of the AFRIMA 2025 Calendar and Host City is not just the beginning of another award season, it is a strong statement that Africa’s creative industry is moving forward. This moment starts the journey to another exciting edition in 2025, where the continent and the diaspora will come together to celebrate our music and culture,” Alemayehu.

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