By Abbanobi -Eku Onyekachi
Anuja
By Abbanobi -Eku Onyekachi
Although, the National Drug Law Enforcement Agency Act (Amendment Bill), 2024 had passed third reading on the floor of the senate, and the legislators had also changed life imprisonment penalty to death sentence for drug offences, but the representative of of Edo North Senatorial District of Edo state, at the red chamber, Sen. Adams Oshiomhole (APC) maintained that majority of the senators at the plenary in a voice vote said ‘nay,’ meaning that they were against death sentence for the said drug offences.
As the Bill passed third reading on the floor of the senate on Thursday at the plenary, the senators deliberated and conducted usual voice vote on it.
During the careful consideration of the Bill, Deputy Senate President Barau Jibrin, who presided over the session, put the amendment on the death penalty to a voice vote and declared that the “yes” had it, but Senator Adams Oshiomole objected that the “nays” rather had it.
He argued that matters of life and death should not be treated hurriedly, but Barau said it was too late, as he failed to raise the point soon enough, and the bill was subsequently passed.
However, recalled, that the Bill sought to review penalties, provisions and update the list of dangerous drugs; strengthen the operations of the NDLEA, and empower the agency to establish laboratories and Section 11 of the current Act which prescribes that any person who, without lawful authority; imports, manufactures, produces, processes, plants or grows the drugs popularly known as cocaine, LSD, heroin or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life was amended to death penalty.
The bill was passed after the Senate considered the Report of the Committee on Judiciary, Human Rights and Legal Matters, presented by the chairman, Senator Tahir Mongonu (Borno North).
Though the report didn’t recommend a death penalty, the Senate Chief Whip, Ali Ndume, however, moved that the life sentence be replaced with death penalty.
However, the Senate Committee Chairman on Judiciary, Senator Tahir Mongun said if Oshiomhole felt very strongly about his opposition to the death sentence, all hope, according to him wasn’t lost.
On Oshiomhole’s protest, the senate committee chairman said that he could still come by way of a motion in writing to the senate to review its decision, even as he reminded Oshiomhole that in a voice vote the legislators were bound by the ruling of the presiding officer.
The further pointed out that Oshiomhole could have timeously applied for review of senators decision.
While throwing more lights on what transpired on the the floor, Monguno said section 11 in the committee report recommended life imprisonment, but the senate amended it to death sentence.
Monguno, a lawyer, who spent 20 years in the House of Representatives before crossing over to the Senate in this 10th Assembly, said what the Senate did on Thursday was passage of a bill which will be transmitted to the president for his assent.
He said the import of the NDLEA Act amendment that was passed the senate today, and more particularly with regards to the provision of punishment is that the senate in its wisdom, decided to prescribe the punishment of death sentence for people that engage in the manufacturing, processing of hard drugs.
He said the senate, in its wisdom, decided to prescribe the death sentence in view of the havoc being created by substance and drug abuse, if not nipped in the bud, the potential of destroying the future of this country because it is the youth that in majority engage in drug and substance abuse is there, just as he said consumption of hard drugs carry 15 year jail term without option of fine.
On governors or president not signing death warrants of condemned prisoners, Monguno said it is because the state governors have discretion as the operating word in the law is “may” and not ‘shall.’
He said the caution being exercised is to avoid fatal error in matter of life and death, but advised governors or executing authorities to use prerogative of mercy or commute the death sentence.
