Legalization of Cannabis: Examining the fate of convicted persons.
The effect of Covid-19 on the global economy and most specifically Nigeria has revealed the need to shift from the dependence on crude oil as a major means of revenue generation to other unexplored areas as Covid-19 saw to the fall in the price of oil and the demand for it globally, thereby financially handicapping most countries dependent on the return from the sale of their crude oil. The need to secure a steady means of revenue generation has seen the country call for the embrace of agriculture by providing incentives for farmers and youths with viable agricultural plans. The need to legalize marijuana for its medicinal, recreational and most importantly economic benefit has won the sentiment of some Nigerian law makers who have proposed the bill to legalize its cultivation and use, taking a cue from other countries that have legalized it and made a fortune from it, for example sales in the U.S in 2019 were $12.2 billion and projected to increase to $31.1 billion by 2024.
It is no doubt that the use, cultivation, sale or possession of cannabis in Nigeria is illegal considering the truckload of legislations criminalizing it. One of such legislation is the Dangerous Drugs Act which specifically lists ‘Indian Hemp’ as a dangerous drug referred to as “any plant or part of a plant of the genus cannabis”.
Despite the several strict laws against cannabis and the harm it does to the human health, a bill to legalize cultivation of marijuana in Nigeria titled “A Bill for an Act to Regulate the Cultivation, Possession and Trade of Cannabis for Medical and Related Purposes” was proposed by Hon. Princess Miriam Onuoha a member of the House of Representative representing OkigweNorth of Imo State and has since passed its second reading.
One throbbing question that calls for an answer is what the effect of such law would have on the fate of those already convicted of the offence of possessing and dealing in the illegal drug when the bill is finally passed to law, would the conviction be quashed with the repealed law or are they entitled to blanket amnesty as seen in other legal systems?
In foreign climes like Canada and California State in the United States of America following the legalization of cannabis, thousands of felony convictions related to cannabis possession were expunged and records of marijuana possession were cleared, would it be legal in view of our laws to toll this line of jurisprudence?
In Nigeria, the law is clear under Section 4(9) of the 1999 Constitution (as amended) that the National Assembly or House of Assembly shall not in relation to any criminal offence make any law which shall have retrospective effect. Also in plethora of cases decided by the Supreme Court, a statute ought not to be given retrospective operation except where its language clearly intends the statute to operate retrospectively.However, Convicted persons are entitled to a prerogative of mercy but if there is a pending appeal at the court of appeal or Supreme Court, the appeal has to be determined before such convict can be granted pardon. Section 175 of the 1999 Constitution (as amended) gives powers to the president to grant pardon to convicted persons.
In the event of the repeal or expiration of the extant criminal laws criminalizing the use and possession ofCannabis, Section 6 of the Interpretation Act provides for the effect of repeals and expiration of statute, the section provides thus:
1. The repeal of an enactment shall not-
(a) revive anything not in force or existing at the time when the repeal takes effect;
(b) affect the previous operation of the enactment or anything duly done or suffered under the
enactment;
(c) affect any right, privilege, obligation or liability accrued or incurred under the enactment;
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed under the
enactment;
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punishment, and any such investigation, legal
proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture
or punishment may be imposed, as if the enactment had not been repealed.
(2) When an enactment expires, lapses or otherwise ceases to have effect, the provi-
sions of subsection (1) of this section shall apply as if the enactment had then been repealed.
It is clear from the provision of section 6 (1) (2) that anything duly done under a law before its expiration shall stand, subsection 1 (d) specifically answered the question as to the fate of convicted persons to the end that the repeal shall not affect any penalty, forfeiture or punishment incurred in respect of any offence committed under the enactment.
It is succinct to point out that pending when the bill to legalize the use, cultivation, sale or possession of cannabis sees the light of the day, the law remains the same that it is criminal and illegal to use, cultivate or be in possession of cannabis. Already convicted persons of such offence cannot benefit from the proposed law by having their conviction quashed except where the proposed law is intended to have retrospective effect or such a convict is granted pardon by the President or Governor as the case may be.
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