BETWEEN CRIMINAL LIABILITY AND PUBLIC HEALTH: A CRITICAL REVIEW OF NIGERIA’S DRUG LAWS IN LIGHT OF AMERICAN AND DUTCH APPROACHES TO DRUG POLICY.

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Abstract
This study provides a critical examination of Nigeria’s drug laws, focusing on the legal and policy tensions between criminal liability and public health, and evaluating them in light of the drug policy frameworks adopted in the United States and the Netherlands. Nigeria’s current approach to drug control is primarily punitive, treating drug use and possession as criminal offenses rather than as public health issues. This approach has led to overcrowded prisons, stigmatization of drug users, and limited access to treatment and rehabilitation services. Drawing on a comparative legal analysis, the study explores how the U.S, despite its historical "War on Drugs" is gradually shifting toward decriminalization, public health-based interventions, and drug courts, while the Netherlands employs a harm reduction model that distinguishes between soft and hard drugs and promotes treatment, prevention, and reintegration over punishment. By examining legal documents, policy papers, and international conventions, this study identifies key differences in legal philosophy, enforcement strategies, and health outcomes. The study argues that Nigeria's prohibitionist stance is both ineffective and misaligned with modern global trends, particularly in relation to human rights, social justice, and public health. It calls for a more balanced drug policy that integrates legal reform, health services, and public education. Emphasizing the need to shift from punishment to prevention and rehabilitation, the study proposes adopting a Nigerian model that blends global best practices with local cultural and institutional realities. In conclusion, this study advocates for drug policy reform that not only addresses the legal inadequacies of the current system but also enhances national health security, reduces recidivism, and upholds the dignity and rights of drug users. This reimagined approach aims to create a just, humane, and effective framework for managing drug-related issues in Nigeria.
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