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Legality of Marijuana in Nigeria: A Legal Opinion

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By Kayode Ajulo

Abstract

In 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 or buy online from platforms like Buy Weed Packs.

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 the 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 are 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

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 while individuals who use a one hitter for personal consumption face less severe consequences, aligning with the trend towards more lenient enforcement of cannabis laws.

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 that 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, heroin 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, heroin 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, heroin 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, heroin 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 a signatory, 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 reveals 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 fact that the mischief that 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 fibres 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 issues 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 into 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 deals 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 headaches naturally and won’t chew through your stomach lining or take its toll on one’s 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 a 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 the 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 boost 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 boost the economy of the Nation as a whole.

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

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Of Mandate Group, Delta Unity Group and Delta 2027

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Delta Unity Group

By Jerome-Mario Utomi

The April 12, 2025, defection of members of the Delta Unity Group (DUG) to the All Progressive Congress (APC) signposts a major political shift in Delta’s politics.

Pundits believe that the Peoples Democratic Party (PDP) which presently controls the state needs a miracle to win Delta’s 2027 governorship election given the massive haemorrhage that has hit it. Essentially, the over 10,000 members of the DUG and their supporters who defected to the APC were made up of seasoned grassroots PDP chieftains.

The defectors were received by the National Chairman of the All-Progressive Congress (APC), Mr Abdullahi Umar Ganduje, Governor Monday Okpebholo of Edo State, and the Chairman of the Governing Board of the Niger Delta Development Commission (NDDC), Mr Chiedu Ebie, alongside other notable political figures in Delta State.

So far, Deltans are enamoured by the significant political shift with many describing the development as a political earthquake which was long overdue. Because of its grassroots orientation, political analysts have likened the DUG to the Mandate Group, an independent political pressure group that midwifed the election of Mr Bola Tinubu, now President, as Lagos State Governor in the late 1990s.

In the run up to the 2023 presidential election, among so many objectives, the group was primed and positioned to defend President Tinubu’s mandate and promote democracy, unity, justice, and liberty in Nigeria, mobilize support for him and Vice President Kashim Shettima’s administration, Promote Unity and Justice: Foster national unity, justice, and liberty for all Nigerians among others.

The Mandate Group which has established structures in all 36 states, with plans to launch state chapters and  currently have 580,000 members in Lagos and aim to reach 40 million members nationwide within the next 12 months, targets  various segments of society, including: Students, Workers, Artisans, Teachers, Fishermen, Farmers and Women.

In like manner, the DUG has emerged as a third force in Delta State politics. Although it is not a new body, it has, over the years, been quietly bestriding Delta’s political landscape for the good of the state. Call it a third force in the politics of Delta State, and you won’t be wrong because, from all ramifications, that is what DUG represents.

DUG is by no means a political party, but, as the name implies, it is a Delta State based political pressure group convened a few years ago by the selfless, foresighted and influential trio of  Mr Olu-Tokunbo (Lulu) Enaboifo, Mr Chiedu Ebie and Sir Itiako (Malik) Ikpokpo.

Their aim and dream were to establish a political pressure group with an agenda to modernize Delta State and also serve as the brain box of the campaign platform of Olorogun David Edevbie, who was vying for the governorship candidate of PDP towards the 2023 gubernatorial election.

Even though the aspiration ended with the Supreme Court ruling in favour of Governor Sheriff Oborevwori of Delta State, the DUG remained a strong force that started building gradually on the dream of a modernized Delta State. DUG has an organizational structure of 17 National Executive Council members, a Board of Trustees, and Local Government Executives in all the 25 local governments in Delta State, with Ward Executives in all the wards across Delta State, DUG is deeply rooted in the grassroots of Delta State with its cell-like structures.

Prior to the 2023 election, a wing of DUG, at the Obinoba Declaration, crossed over to APC, where the APC governorship candidate, Mr Ovie Omo-Agege, described them as the intelligent wing of PDP.

The group significantly made a huge difference in the 2023 general elections in Delta State. The DUG members in the Delta North Senatorial District, at that point in time, remained with PDP and after full deliberation and strategizing, opted to support the candidature of the APC governorship candidate and all other candidates of APC, even though they had not formally left the PDP. Consequently, most of them were either suspended or cast away by PDP after the elections.

It was easy to blend and work harmoniously with the progressives due to the progressive mindset of DUG members. After the 2023 general elections in Delta State, DUG members of Ika Federal Constituency continued to align and work closely with the APC to strengthen the party and ensure that it is properly positioned to convert the Ika Federal Constituency to an APC constituency come 2027.

To the glory of God, President Tinubu found DUG’s co-founder/convener, Mr Ebie, fit to chair the Governing Board of the NDDC in 2023. This further gave the DUG more vigor to project the Renewed Hope Agenda of the progressive governance of Mr President. Following this appointment, Ika Federal Constituency became the heartbeat of DUG in Delta State, which has now radiated positively to Ndokwa/Ukwuani and Aniocha/Oshimili Federal Constituencies in Delta North.

This wave, which has led to the massive decamping of members of PDP and the Labour Party into DUG in preparation for absorption into the APC, has also witnessed the reactivation of some dormant APC ambers and the massive welcoming of previously non-partisan and newly retired civil servants into the APC, having witnessed the positive impact of the Renewed Hope Agenda of Mr. President.

Because the group was fully poised for the reconfiguration of Delta State in the progressive fold of the APC, it is therefore, not surprising to witness the humongous crowd that emptied into APC on 12th day of April, 2025 in Agbor, Ika Federal Constituency, Delta State.

Going by the above development, it is obvious that come 2027, Ika nation in particular and Deltans in general shall witness the dethronement of People’s Democratic Party, PDP, in the state and enthronement of a people focused leadership to be formed by the All Progressive Congress, APC, in line with President Bola Ahmed Tinubu’s Renewed Hope Agenda.

Utomi, a media specialist, writes from Lagos, Nigeria. He can be reached via Jeromeutomi@yahoo.com/08032725374

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Piracy in Africa’s Creative Sector: How Creators Can Protect Their Content

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Creators Can Protect Their Content

Africa’s creative industries, from music and film to fashion, writing, and branding, are experiencing remarkable growth. However, as the sector flourishes, so do the threats posed by piracy and copyright infringement. Without proper protection, creators risk losing the value and recognition they deserve for their original work.

Copyright remains the first and most important line of defence. In many African countries, copyright protection begins automatically once a creative work, such as a song, logo, film, or design, is fixed in a tangible form. This protection can last for the creator’s lifetime, and in most cases, up to 70 years after. Yet, while automatic copyright provides a foundation, official registration strengthens legal standing and can be critical in resolving disputes.

When a creator’s work is used without permission, the violation must be addressed swiftly. Experts advise that the first step is to gather evidence—screenshots, URLS, timestamps, user details, and even data showing engagement or financial gain from the misused content. Proof of ownership, such as original files with timestamps, draft versions, or social media records of earlier uploads, is equally vital.

“Creators should always have proof of ownership ready,” says Frikkie Jonker, Director of Anti-Piracy at MultiChoice. “That could be anything from original project files to old emails or posts. It’s one of the most effective tools in enforcing your rights.”

Once evidence is collected, creators can issue takedown requests through social platforms or send formal cease-and-desist letters to website owners or hosts. Although enforcement processes differ by country, most African nations have copyright laws aligned with global standards like the U.S. DMCA. In many cases, showing credible ownership is enough to have infringing content removed.

If infringement continues or is being done at scale, such as by piracy rings or repeat offenders, creators may need to escalate the issue by reporting it to national copyright commissions or law enforcement. Efforts are also being bolstered across the continent through cooperation under agreements like the African Continental Free Trade Area (AfCFTA), with international bodies like Interpol, Afripol, and WIPO supporting cross-border enforcement.

Preventative measures are just as important. Creators are encouraged to use tools like digital watermarking and content fingerprinting to protect their work from unauthorised use online. Furthermore, smart monetisation strategies, such as YouTube’s Content ID syste,m can allow creators to earn revenue even when their content is reused without prior permission.

By understanding their rights, taking proactive steps to protect their creations, and using available technologies, African creatives can safeguard their work while continuing to build sustainable, long-term careers.

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A Journey Through Policy: My Personal Experience

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policymaking

By Saifullahi Attahir

If there was ever anything that gave me goosebumps and immense pleasure, it was being surrounded by intellectuals and mature minds absorbing facts and figures about governance, economics, public health, policymaking, national security, and international relations. In such situations I easily lose myself, forgetting almost all other things.

Even at medical school, my best lectures were those with frequent digressions, whereby the lecturer would discuss the pathogenesis of diseases for 30 minutes and later sidetrack into discussing politics, governance, or other life issues. I always enjoyed classes led by Prof. Sagir Gumel, Dr. Murtala Abubakar, Dr. Rasheed Wemimo, Dr. Aliyu Mai Goro, and co.

During such lectures, I often observed some of my colleagues disappointment for such deviation. I rather casually show indifference, for I was eternally grateful for such discussions due to the stimulatory effect they had on my mind.

After such classes, I sometimes followed up with the lecturer, not to ask about a medical concept I did not grasp, but to ask for further explanation on policy making, project execution, budgetary expenditures, why African countries are left behind, and similar pressing issues.

In situations where I can’t catch up with the lecturer, I jotted down the questions for further deliberation.

One of the manifest feature I know about my greediness was at reading books. I can open five different books in a day. I lack such discipline to finish up one before another. I can start reading ‘Mein Kampf’ by Adolf Hitler, and halfway through 300 pages, I would pick up ‘My Life’ by Sir Ahmadu Bello, and would have to concurrently read both until the end.

I often scolded myself for such an attitude, but I can’t help myself. The only way to practice such discipline was to at least read two different books in a day. Such was a triumph in my practice of self-discipline. This was apart from my conventional medical textbooks.

To some of my friends, I was called an accidental medical doctor, but actually it was a perfect fate guided by the merciful Lord that I’m studying medicine.

 For it was only medicine that makes reading books easier for you. Although time is precious in this profession, but  one finds it easier to do anything you are passionate about. The daily  interaction we have  with people at their most vulnerable state was another psychostimulant. Seeing humans suffering from disease conditions is heartache. Some of the causes are mere ignorance, poverty, superstitions, and limited resources.

The contribution one can give couldn’t be limited to just prescribing drugs or surgical procedures that end up affecting one person. It’s much better to involve one self in to position that may bring possible change to the whole society even in form of orientation.

What also motivated me more was how I wasn’t the first to traverse this similar path. Bibliophiles were common among medical students and medical professionals.

At  international level, the former Prime Minister of Malaysia, Dr. Mahathir Muhammad, was a physician.

Most of the current economic development of Malaysia was attributed to him. The South American revolutionary figure Che Guevara was a physician. Atul Gawande was an endocrinologist, health policy analyst, adviser to former President Obama, campaign volunteer to former President Bill Clinton, and adviser to USAID/WHO on health policies.

Frantz Fanon was another physician, psychiatrist, racial discrimination activist, and political writer. Dr. Zakir Naik was a renowned Islamic scholar, comparative religion expert, and physician.

At the national level, Prof. Usman Yusuf is a haematologist, former NHIS DG, and currently a political activist. Dr. Aminu Abdullahi Taura was a psychiatrist and former SSG to the Jigawa state government. Dr. Nuraddeen Muhammad was a psychiatrist and former cabinet minister to President Goodluck Jonathan.

During ward rounds and clinics, my mind often wanders to enquire not just  about the diagnosis but the actual cause of the disease condition; why would a 17-year-old multiparous young lady develop peripartum cardiomyopathy (PPCM)? Why would a 5-year-old child develop severe anaemia from a mosquito bite? Why would a 25-year-old friend of mine develop chronic kidney disease, and his family would have to sell all their belongings for his treatment? Why are our Accident and Emergency units filled with road traffic accident cases? Was it bad road conditions or lack of adherence to traffic laws and orders?

Why are African countries still battling with 19th century diseases like Tuberculosis, filariasis, and malarial infections? Why issues of fighting cervical cancer and vaccination campaigns are treated with contempt in our societies? Why access to basic primary healthcare in Nigeria was still a luxury 50 years after Alma Ata declaration?

The questions are never-ending…

Answers to these questions could be found not in the conventional medical textbooks like Robbins/Cotrand, Davidson, or Sabiston. Answers to these questions are there on our faces. Answers to these questions are tied to the very fabric of our social life, our public institutions, our culture, and our life perspectives.

In order to make any significant contribution towards the betterment of this kind of society, it would be quite easier as an insider rather than an outsider. You can’t bring any positive outcome by just talking or commenting. It was rightly stated that a cat in gloves catches no mice.

The real players in a game are always better than the spectators. A player deserves accolades despite his shortcomings, frequent falls, and inability to deliver as planned theoretically. For the player has seen it all, because so many things in public life are not as they appear. It’s only when you are there that the reality becomes visible. This is the reason why many leaders who have goodwill and enjoy public support appear to have lost track or contributed insignificantly when elected or appointed into office.

But despite all these challenges, one can’t decline to do something good just because something bad might happen. The risk is worth it….

Attahir wrote from Federal University Dutse

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