NDLEA Act: Will Kyari be jailed for life?

The NDLEA Act stipulates punishment ranging from jail term, life imprisonment, and property forfeiture for various offences.

Conspiracy:

Section 20, Part II, Sub-section 14 of the NDLEA Act recommends a term not less than 15 years and not exceeding 25 years.

Part of the Act reads, “Any person who:

a. Incites, promises or induces any other person by any means whatsoever to commit any of the offences referred to in this Act: or

b. Conspires with, aids, abets, counsels, attempts to commit or is an accessory to any act or offence referred to in this Act,

Shall be guilty of an offence under this Act and liable on conviction to be sentenced to imprisonment for a term not less than 15 years and not exceeding 25 years.

Tampering with drug

Any person who unlawfully removes, conceals, destroys or in any way tampers with the drug popularly known as cocaine, LSD, heroine or any other similar drug seized from any person or otherwise in the possession of the Agency or any authorised person shall be guilty of an offence under this Act and liable on conviction to be sentenced to imprisonment for a term not exceeding 25 years.

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Sale and distribution

1. Any person who, without lawful authority (the proof of which shall lie on him) commits any of the following offences, that is to say

a. Engages in the production, manufacture, extraction preparation, offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transportation, importation or exportation of any narcotic drug or any psychotropic substance contrary to the provisions of the 1961 Convention and its Protocols, or the 1971 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic substances 1989.

f. Engages in the manufacture, transportation or distribution of equipment, materials or of any substance listed in the Second Schedule to this Act knowing that such equipment, material or substance are to be used in or for the illicit cultivation, production or manufacture of narcotic drugs or psychotropic substances;

g. Engages in the management, organisation or financing of any of the offences under paragraphs (a) to (f) of this subsection

2. The penalties for offences under subsection (1) of this section shall

a. In respect of an offence under paragraphs (a), (b), (d), (e), (f), and (h), be imprisonment for life.

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Forfeited Property

For the avoidance of doubt and without any further assurance than this Act, all the properties of a person convicted of an offence under this Act and already the subject of an interim order shall be forfeited to the Federal Government.

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