Legal implication of unlawful dealing in new psychoactive substances in Nigeria
Dr. Ibrahim Abdu Abubakar
Since New Psychoactive Substances are not controlled under International Drug Conventions, their legal status can differ widely from country to country. Up to mid 2015, over 50 countries have implemented legal responses to control New Psychoactive Substance with many countries having used or amended existing legislation and others having used innovative legal instruments. Several countries including Nigeria where large numbers of different New Psychoactive Substances have rapidly emerged have adopted controls of New Psychoactive Substance using generic approach or have introduced analogue legislation that involves the principle of chemical similarity to already controlled substances. This created a problem as Nigerian Courts often require prosecution to adduce additional evidence even where the accused has pleaded guilty. In some instances, some Judges do not accept that Psychoactive Substances are drugs similar to cocaine, heroin or LSD. It is the aim of this research to discuss the legal situation of New Psychoactive Substance in Nigeria, categories of New Psychoactive Substance, consequences of an offence, effect of conviction, jurisdiction for trial of offences, the risk of New Psychoactive Substance, what are New Psychoactive Substance etc.