Source: UN Office on Drugs and Crime

The existing drug control laws in Nigeria consit primarily of four decrees [ID 14809]

"The existing drug control laws in Nigeria are primarily four decrees: Decree 48 of the 1989 which established the NDLEA, which is responsible for the prevention of Illicit cultivation, production, manufacture and trafficking in and abuse of drugs; Decree 33 of 1990 which targeted Nigerians convicted overseas for drug offences and provides for prison sentence and forfeiture of assets and properties on 'bringing the name of Nigeria into disrepute'; Decree 15 of 1993 which set-up the NAFDAC, a parastatal under the Federal Ministry of Health to authorize (control) the importation and exportation of narcotic drugs, psychotropic and other controlled substances, to ensure that their use are limited to medical and scientific purposes. [...]

Following the installation of democratic government in Nigeria, these decrees and other policy documents have come under the purview of the national legislature and are being reviewed in line with the democratic principles, and invariable will become government acts and policies. Presently, in both the Senate and Federal House of Representatives, there are committees on Narcotic Drug and Financial Crimes who will give in-depth attention to drug issues and affect the required reforms."

Document(s): Open document

10.2005 - Source: UK Border Agency (Home Office)

Country Report of the UK Home Office - Decree 33 ("Country Report - October 2005") [#39647],  [ID 14806]

"The British-Danish Fact-Finding Mission (FFM) Report on Nigeria, dated January 2005, states that:

“Section 12 (2) of Decree 33 of 1990 states that ‘Any Nigerian citizen found guilty in any foreign country of an offence in [sic] involving narcotic drugs and psychotropic substances and who thereby bring the name Nigeria into disrepute shall be guilty of an offence under this subsection.’ The punishment is laid down in Section 12 (3) of the Decree: ‘Any person convicted of an offence under subsection […] (2) of this section shall be liable to imprisonment for a term of five years without an option of [a] fine and his assets and properties shall be liable forfeiture as provided by this Decree.’”

The FFM Report also states that:

“Odugbesan [Federal Ministry of Justice] explained that those convicted overseas on drug charges could face being tried and sentenced again on return to Nigeria. However, Odugbesan was not aware of anyone being convicted a second time when a ‘full sentence’ had already been served overseas. However, Odugbesan stated that drug offences are being punished sternly in Nigeria and he added: ‘if Nigerian law provides for an additional sentence it will take place.’”

“….Obiagwu [Legal Defence and Assistance Project], confirmed that persons, who have served their sentences abroad for drug trafficking, upon return to Nigeria have been prosecuted and convicted again. The legal argument is that ‘bringing the name Nigeria into disrepute’ as stated in the drug trafficking law is another crime and isolated from drug trafficking as such. The principle of double jeopardy is not violated according to this interpretation.”

“….Obi [PRAWA] confirmed that double jeopardy takes place in Nigeria. He explained that not only drug traffickers may be punished upon their return to Nigeria but also persons convicted of money laundering, advance fee fraud, armed robbery, rape and many other offences. The Nigerian authorities do not believe that imprisonment in Europe is ‘real punishment’ and therefore ‘proper disciplining’ in a Nigerian prison is needed. Depending on the investigations the courts may add another two to three years and in extreme cases up to seven years in Nigerian prisons to the term a person may already have served overseas. Such persons will often be put into a maximum-security person.”"

Document(s): Open document

04.2005 - Source: UK Border Agency (Home Office)

Drug offences are being punished sternly in Nigeria, states Odugbesan ("Country Report - April 2005") [#31982],  [ID 14807]

"Odugbesan explained that those convicted overseas on drug charges could face being tried and sentenced again on return to Nigeria. However, Odugbesan was not aware of anyone being convicted a second time when a “full sentence” had already been served overseas.
However, Odugbesan stated that drug offences are being punished sternly in Nigeria and he added: “if Nigerian law provides for an additional sentence it will take place.”

Neither Odugbesan nor Obiagwu were aware of any pending appeal either at the Supreme Court or the Court of Appeal brought by the State of Nigeria regarding the constitutional implications of double jeopardy (Decree 33 of 1990). Section 12 (2) of Decree 33 of 1990 states that “Any Nigerian citizen found guilty in any foreign country of an offence in involving narcotic drugs and psychotropic substances and who thereby bring the name Nigeria into disrepute shall be guilty of an offence under this subsection”. The punishment is laid down in Section 12 (3) of the Decree: “Any person convicted of an offence under subsection [...] (2) of this section shall be liable to imprisonment for a term of five years without an option of fine and his assets and properties shall be liable forfeiture as provided by this Decree.”

Birgit Kisten Müllner & Barbara Svec reported that two Nigerian drug dealers were deported from Italy to Nigeria in March 2003. Upon arrival in Nigeria the two deportees were handed over to the National Drug Law Enforcement Agency (NDLEA). In December 2003 This Day reported that the Special Area Commander of the NDLEA, Alhaji Abdullahi Abubakar
Danburam had stated that the NDLEA would make sure that anyone convicted of drug charges abroad and “putting Nigeria’s name to disrepute” would be prosecuted and face court trial upon return to Nigeria.

Birgit Kisten Müllner & Barbara Svec referred to the newspaper Vanguard, 8 July 2004, in which it was reported that during the first six months of 2004 the NDLEA had detained a total of 55 deported drugs convicted Nigerians upon arrival at the Murtala Mohammed Airport. NDLEA stated that all of them would be put to trial.

Birgit Kisten Müllner & Barbara Svec reported that NDLEA is engaged in combating drug related crimes. NDLEA is closely associated with Nigeria’s military and foreign intelligence, SSS, and various ministries in Nigeria. NDLEA is a prominent institution whose activities are being frequently reported in the Nigerian press.

Obiagwu confirmed that persons, who have served their sentences abroad for drug trafficking, upon return to Nigeria have been prosecuted and convicted again. The legal argument is that “bringing the name Nigeria into disrepute” as stated in the drug trafficking law is another crime and isolated from drug trafficking as such. The principle of double
jeopardy is not violated according to this interpretation.

Ogboxor and Voke stated that they knew of examples in which deported Nigerians from abroad had been punished according to Decree 33 of 1990. They referred to their colleague Felix Obi, Programme Officer, PRAWA.

Obi confirmed that double jeopardy takes place in Nigeria. He explained that not only drug traffickers may be punished upon their return to Nigeria but also persons convicted of money laundering, advance fee fraud115, armed robbery, rape and many other offences. The Nigerian authorities do not believe that imprisonment in Europe is “real punishment” and therefore “proper disciplining” in a Nigerian prison is needed. Depending on the investigations the courts may add another two to three years and in extreme cases up to seven years in Nigerian prisons to the term a person may already have served overseas. Such
persons will often be put into a maximum-security prison.

Obi added that the conditions in maximum-security prison are often better than in ordinary prisons. Maximum-security prisons are not as congested as other prisons, but the prisoner’s condition is highly dependent of the leadership of the prison. However, Obi did not consider
that deported convicted persons are being treated any differently from other prisoners."

Document(s): Open document

08.2004 - Source: Austrian Centre for Country of Origin and Asylum Research and Documentation

Country report focusing on political situation, police and judicial system, sharia, ethnic and communal conflicts, vigilante groups, secret societies, student cults, situation fo women, children and youths and sexual orientation ("Nigeria - Länderbericht") [#28135],  [ID 14808]

"2.4.2 Dekret 33 – Doppelbestrafung wegen Drogendelikten

Nach Angaben des UK Home Office, das sich dabei auf das United Nations Office on Drugs and Crime bezieht, bleibt das Dekret 33 aus dem Jahr 1990 in Kraft (UK Home Office April 2004, 5.24, 5.25). Dekret 33 definiert den Straftatbestand, das Ansehen Nigerias in Verruf zu bringen (bringing the name of Nigeria into disrepute).

Nigerianische Staatsbürger, welche ein Drogendelikt im Ausland begehen, bringen damit auch den Ruf des Landes in Verruf (§ 12,2). § 12,3 sieht für diesen Fall eine 5-jährige Haftstrafe vor. Dabei reicht eine in einem anderen Land verhängte Strafe zur Beweisführung aus. Die nigerianischen Behörden sehen damit als erwiesen an, dass Nigeria hierdurch in Verruf gebracht wurde (Redpath, 2000).

Im April 1999 wurde ein aus Äthiopien abgeschobener Nigerianer dieser Straftat für schuldig befunden. Es wurde eine einjährige Haftstrafe über ihn verhängt (AllAfrica.com/P.M. News 19. April 1999). Ob es zu weiteren Anklagen beziehungsweise Verurteilungen auf Grund von Artikel 33 gekommen ist, ist aus den vorliegenden Quellen nicht zu beantworten.

In einem Bericht der nigerianischen Zeitung „ThisDay“ erklärt der Kommandant des „Special Area Command“ der „National Drug Law Enforcement Agency“ (NDLEA), Alhaji Abdullahi Abubakar Danburam, die NDLEA würde sicherstellen, dass alle in Zusammenhang mit Drogendelikten abgeschobenen Personen wegen putting Nigeria’s name to disrepute vor Gericht gestellt würden (allAfrica.com/This Day, 12. Dezember 2003, S. 4).

Im März 2003 werden zwei von Italien abgeschobene Drogenhändler nach ihrer Ankunft in Nigeria der NDLEA übergeben (AllAfrica.com/This Day 09. März 2003). In den ersten 6 Monaten des Jahres 2004 wurden von der NDLEA 55 wegen Drogendelikten abgeschobene Nigerianer am Murtala Mohammed Flughafen in Haft gesetzt. Die NDLEA erklärt, diese würden in Bälde vor ein Gericht gestellt (AllAfrica.com/Vanguard 08. Juli 2004)."

Document(s): Open document