Police to continue enforcing law on drugs despite court nullification
On Friday last week, the constitutional court repealed the country's Narcotic Drugs and Psychotropic Substances (Control) Act, 2015 which, among other things, prohibited the sale and use of several narcotic drugs in the country.
Police says abusers of narcotic drugs should not be excited because the Narcotics Drugs and Psychotropic Substances (Control) Act 2015 was recently nullified by court.
Police says it will continue enforcing the law on drugs because the act nullified by court was that of 2015 and not that of 1993.
The police’s warning follows the Constitutional Court’s nullification of the Narcotics Drugs and Psychotropic Substances (Control) Act 2015 because parliament lacked quorum during its enactment in 2012 contrary to Articles 88 and 89 of the Constitution and Rule 23 of the Rules of Procedure of the 9th Parliament, 2012.
Fred Enanga, the police spokesperson, who was speaking before journalists noted that the pronouncement attracted mixed reactions from the public about the unrestricted consumption of narcotics related substances under the Act.
However, he reiterated that as police, they are aware that the old law of the NDA was not affected by the ruling and is still in force.
“Therefore, the police, DPP and Judiciary, will continue to afford their old powers, to tackle narcotics related offences in the Act. The drugs under the NDA are illegal because they are harmful and affects both physical and mental health, relationships, career prospects, crime and the wider society,” he explained.
Enanga further noted that last year, 2022, a total of 2,797 cases of Narcotics/Drugs were reported to the police country wide, compared to 1,668 cases reported in 2021.
This gave a 67.7% increase in the crime category, with a total of 4,818 suspects who were arrested and charged to court, including 137 juveniles.
Police still confirm that Cannabis has consistently been the most used drug, followed by cocaine.
“Part IV of the Act provides for the restrictions of Narcotics, Section 47, prohibits the possession of narcotics, without lawful excuse; Section 48, prohibits the smoking of opium or Indian hemp, use of premises by persons smoking opium or Indian hemp etc and Section 49 prohibits without consent of the Minister, cultivation of plants yielding narcotics,” said Enanga while explaining the Act.
On this notice all territorial commanders have been instructed to maintain or step-up enforcement action against offenders and enhance deterrence efforts, to help stop narcotic drugs consumption in the country and crimes driven by it.
On Friday last week, the constitutional court repealed the country’s Narcotic Drugs and Psychotropic Substances (Control) Act, 2015 which, among other things, prohibited the sale and use of several narcotic drugs in the country.
