society
LEGALITY OF MARIJUANA IN NIGERIA: A LEGAL OPINION -Kayode Ajulo, PhD
Published
6 years agoon
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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Sahara weekly online is published by First Sahara weekly international. contact saharaweekly@yahoo.com

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society
Decentralizing Policing in Nigeria: The Urgent Case for State-Controlled Law Enforcement
Published
2 hours agoon
May 31, 2025
Decentralizing Policing in Nigeria: The Urgent Case for State-Controlled Law Enforcement
By George Omagbemi Sylvester | For Sahara Weekly NG
For decades, Nigeria has endured the consequences of an overstretched, inefficient and highly politicized central policing system. The result? Catastrophic. Rising insecurity, emboldened terrorists, banditry and unchecked violence have ravaged nearly every corner of the country. From the blood-soaked fields of Zamfara to the kidnapping corridors of the South-East and the cult-infested creeks of the Niger Delta, the evidence is irrefutable: centralized policing has failed Nigerians.
Despite its glaring dysfunction, the idea of devolving police powers to state governments remains one of Nigeria’s most controversial debates. Detractors argue that state police may be abused by governors as political thugs, but that’s a distraction from the real question: Do states in Nigeria currently have the financial and structural capacity to run police forces that are accountable, professional and effective; not as political weapons but as agents of justice and peace?
Central Policing: A Colonial Relic Turned Burden
The Nigeria Police Force (NPF), with about 370,000 officers serving over 220 million people, has one of the worst police-to-citizen ratios in the world. According to United Nations standards, a functional ratio is 1 officer to every 450 citizens. Nigeria languishes at roughly 1:600, and that’s before factoring in the lopsided deployment of personnel.
Shockingly, more than 40% of officers are assigned to VIP protection (guarding politicians, their families and business elites) while ordinary Nigerians are left defenceless against armed robbers, kidnappers and insurgents.
This structure is not accidental; it is a colonial legacy. As Professor Jibrin Ibrahim of the Centre for Democracy and Development aptly puts it:
“The Nigerian police are not trained to serve the people. They are trained to protect the state from the people.”
That mindset still dominates. The NPF remains a blunt, top-down instrument of coercion, not community safety. From the excesses of SARS to police complicity during elections, the central police system has consistently shown that it is out of touch and out of control.
The Case for State Policing: Security Must Be Local
Nigeria is a federation on paper but a unitary dictatorship in practice, especially regarding policing. With over 250 ethnic groups, multiple languages and complex regional dynamics, a one-size-fits-all federal police force cannot address the security needs of all states.
Countries like the United States, India, Canada and Germany, all federal in structure, operate decentralized policing models. In the U.S., over 90% of law enforcement is handled by state, county or municipal agencies and not Washington, D.C.
Nigeria has already seen states respond to security failures by creating regional outfits: Amotekun (South-West), Ebube Agu (South-East), Hisbah (North) and others. These are clear expressions of popular no-confidence votes in the federal police. But these outfits remain legally weak and operationally constrained without constitutional backing.
What Nigeria needs now is not just more vigilante groups but a legal and constitutional framework that allows states to form and manage professional, community-embedded police services.
Can States Afford State Police? The Numbers Don’t Lie
One of the most common arguments against state policing is financial incapacity. This argument is misleading and frankly, LAZY.
According to BudgIT and the National Bureau of Statistics (NBS):
Lagos State generates over ₦400 billion annually in Internally Generated Revenue (IGR) which is more than some African countries.
Rivers, Ogun, Delta and Kaduna States each generate over ₦50 billion annually.
25 states generate more than ₦10 billion annually.
So why do we say they “cannot afford” state policing? The issue isn’t capacity, it’s priority and accountability.
If states can build multi-billion-naira airports, mega flyovers and luxurious government houses, surely they can fund training, equipment and welfare for 5,000 to 10,000 well-trained state officers.
In 2024, the federal government allocated over ₦1.3 trillion to police and security services. Yet, most rural communities remain vulnerable. A fraction of that, used efficiently by states, can yield better results. Moreover, states could seek matching grants or partnerships with private and international donors to strengthen their security apparatus.
The Fear of Abuse: A Convenient Excuse
A major objection to state policing is the potential for abuse by state governors. But let’s be clear: the federal police are not immune to abuse. SARS was a federal outfit, yet it became synonymous with torture, extrajudicial killings and robbery.
During the 2023 general elections, federal police were accused of colluding with political parties to suppress opposition and disenfranchise voters. In Lagos, Rivers and Kano, shocking videos of police inaction and collaboration with thugs circulated widely.
The abuse argument is not an argument against decentralization; it is an argument for institutional reform.
A properly crafted State Police Act must include:
Independent oversight commissions
Auditable budgets and public transparency
Cross-border collaboration to prevent jurisdictional loopholes
Community-based recruitment
Strict human rights and use-of-force protocols
National benchmarks for training and ethics
The Federal Government’s role should evolve into providing technical support, forensic labs and inter-state crime coordination not micromanaging state security from Abuja.
Political Bottlenecks: The Elephant in the Room
Why, despite mounting evidence, has Nigeria failed to implement state policing?
Politics.
Centralized policing is a political weapon. Whoever controls the federal police controls elections, opposition suppression and even media narratives. That is why the ruling class is reluctant to devolve power.
In 2021, the National Assembly blocked key constitutional amendments that would have allowed states to establish their own police forces. Why? Because the party in power benefits from centralized force.
As Wole Soyinka warned:
“There’s no way we can continue along this unitarist line. It’s a logical contradiction. You can’t continue with this crude, centralist mindset and expect safety.”
State governors (especially in the South) must form a united front to lobby for this constitutional change. This will require sacrificing political capital, building coalitions across party lines and directly engaging the Nigerian public.
A National Crossroads: Reform or Ruin
Insecurity in Nigeria is no longer an abstract debate, it is an existential crisis. Farmers are abandoning fields. Children cannot go to school. Businesses are closing. Millions live under the daily threat of violence, extortion and death.
We must not allow political cowardice or elite selfishness to deny Nigerians the right to safety.
A decentralized police system is not a luxury; it is a necessity for national survival. Every state should have the constitutional authority, financial framework and legal support to secure its people.
It is time to break free from colonial chains and build a policing system that reflects our federal reality, respects our diversity and protects every Nigerian; rich, middle-class or poor, north, east or south, Muslim, Christian or Pagans.
The time for half-measures has passed.
The time to decentralize is now.
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Boko Haram: Olowu Reiterates Call to Support Nigerian Army
Published
21 hours agoon
May 30, 2025
Boko Haram: Olowu Reiterates Call to Support Nigerian Army
Olowu of Kuta, HRM Oba Dr Hammed Makama Oyelude, CON, Tegbosun iii, has reiterated the call on Nigerians to support the Nigerian Army in the face of daunting security challenges and emerging new trend.
According to the statement issued by his media office in Kuta at the weekend, Oba Makama said the invasion of the country by various militias and mercenary has posed another threat to the national security.
Oba Makama, therefore, urged all and sundry, especially traditional rulers, to ensure that their domains are safe and secured from these hydra headed terrorists.
“As we all know that the Nigerian Army is responsible for the promotion and securing of our territorial integrity which is the symbol of our sovereignty, we must all rally round them to ensure they succeed in this onerous task.”
Waxing philosophical, Oba Makama said ” to keep Nigeria as a one is a task that must be achieved” failure of which it will remain an ill wind that blows nobody any good.
“It’s unthinkable that Pakistan nationals will be caught training the Boko Haram insurgency on how to attack the symbol of our sovereignty which is the Nigerian Army.
“They’ve also gone ahead to acquire weapons such as UAV ( drones) and latest military hardware to confront our army. We must ensure that all hands are on deck to defeat this deadly ‘monster’ before it’s too late,” the monarch added.
Kabiesi commend the COAS, Lt General Oluyede for prioritising troops welfare and leading from the front.
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Tayo Folorunsho Launches Universal Varsity TV Auditions to Discover Rising Student Stars in Abuja
Published
22 hours agoon
May 30, 2025
Tayo Folorunsho Launches Universal Varsity TV Auditions to Discover Rising Student Stars in Abuja
In a bold stride for youth-driven edutainment in Nigeria, media entrepreneur and education advocate Tayo Folorunsho has launched a groundbreaking talent audition at the University of Abuja. This initiative, aimed at discovering aspiring actors and content creators, is part of a larger project—the upcoming Campus Life Series—set to air on his newly licensed channel, Universal Varsity Television (UVT).
With an enthusiastic turnout of talented students, the audition kicked off what promises to be a transformative campus-focused web series. The Campus Life Series will weave together drama, education, and social commentary, offering an authentic portrayal of student experiences across Nigerian universities.
“We’ve seen incredible talent during the auditions,” said Folorunsho, founder and CEO of UVT. “These students will form the core cast of Campus Life Series, which will air on our new station.”
More than just entertainment, the series is designed as a platform to spotlight the real-life challenges, triumphs, and social issues faced by Nigerian students.
“This isn’t just about acting—it’s about impact,” Folorunsho explained. “We’re using storytelling to reflect campus realities, highlight systemic issues, and give young creatives a meaningful platform to express themselves.
Redefining Media and Education in Nigeria
Folorunsho’s vision is being hailed as a visionary fusion of advocacy and entertainment. By merging storytelling with student empowerment, he is cultivating a new wave of creators who are not only telling their stories but shaping national conversations.
The Campus Life Series is set to address pressing issues such as inadequate infrastructure, student welfare, academic pressure, and campus politics. Beyond the screen, the project offers hands-on media production experience, helping students build relevant skills that could propel them into careers in the creative industry.
With Universal Varsity Television, Tayo Folorunsho is not just launching a channel—he is launching a movement. One that champions youth voices, celebrates campus life, and redefines what it means to educate and entertain in Nigeria.
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