Is Unlawful Possession of Indian hemp (Simpliciter) an Offence in Nigeria?

Abstract

This work examines the reasons why Nigerian Courts treat unlawful possession of Indian hemp, simpliciter, as an offence. In doing so, it focuses on the Charges upon which accused persons are convicted and the interpretation placed by the Courts on the word, "knowingly”, in the section creating the offence. The exercise reveals that the omission by the prosecution to state the word "knowingly” in the Charge and the interpretation of it in the section creating the offence to mean knowledge of physical possession and not of the nature (identity) of what is possessed are the main causes of the legal prolapse. The outcome is that innocent citizens are convicted without proof that they had knowledge that what they possessed is prohibited by law. This work, therefore, recommends statutory intervention and a more pragmatic interpretation as the way out of the quagmire.