WHEN THE LAW FAILS THE PEOPLE: A NECESSARY RESPONSE TO THE ADVISORY AGAINST CREATING KANO STATE DRUG CONTROL AGENCY

 WHEN THE LAW FAILS THE PEOPLE: A NECESSARY RESPONSE TO THE ADVISORY AGAINST CREATING KANO STATE DRUG CONTROL AGENCY

By Tijjani Sarki

Good Governance Advocate & Public Policy Analyst

15th August 2025

I did not set out to write this. But after reading the “Polite Advisory” addressed to His Excellency, the Governor of Kano State, dated 14th August 2025, authored by Pharmacist Ahmed Ibrahim Umar, I feel morally and publicly compelled to respond not as a legal adversary, but as a fellow Nigerian who is tired of seeing our people, especially the youth, being consumed by the monster of drug abuse while we debate legal technicalities.

This is personal. I have been directly involved in the multi-stakeholder effort to establish the Kano State Drugs and Substance Abuse Control Agency  from policy drafting to advocacy to legislative engagement. And I know that this is not just a legal debate,it is a fight for survival.

Yes, the advisory is respectful, professional, and technically correct in its interpretation of the law. But it is dangerously detached from the crisis unfolding in our streets.

The timing of this conversation could not be more critical. Nigeria is currently in the midst of constitutional amendment debates and public hearings across all six geopolitical zones. This is a rare moment a time to ask not just what the law says, but what the law serves.

A CONSTITUTION THAT IS KILLING SLOWLY:

The advisory argues that the 1999 Constitution (as amended) places “Drugs and Poisons” under Item 21, Part I of the Second Schedule the Exclusive Legislative List  giving the Federal Government exclusive power to legislate and act on this matter. It further warns that a state law creating a drug control agency with prosecutorial powers may be struck down as unconstitutional under Section 4(2) of the Constitution.

It also points to the fact that drug-related offenses in Nigeria are prosecuted exclusively by the Federal High Court, as provided under Section 251(1)(m) of the 1999 Constitution. This section vests the Federal High Court with jurisdiction over matters relating to drugs, poisons, and narcotics.

All of that is technically correct. But legality does not equal legitimacy. And it certainly does not justify government paralysis in the face of a public health emergency.

Because here is the truth, this legal structure is not saving lives, it is costing lives.

KANO IS BLEEDING AND ABUJA IS NOT COMING:

In Kano, as in many parts of Northern Nigeria, drug abuse is not merely a legal matter  it is a public health emergency, a security threat, and a social catastrophe rolled into one.

We have NDLEA officers without vehicles, Federal High Court cases stuck in limbo for years, and communities where young men and women are destroyed by codeine, tramadol, and crystal meth with no access to local rehabilitation or meaningful intervention.

Yes, the NDLEA exists. But its capacity is overstretched. Its presence is minimal in many local communities. And relying on Memoranda of Understanding (MoUs) between states and the NDLEA is simply not a sustainable or life-saving strategy.

The federal approach has failed. And when the centre cannot hold, the states must step up.

THE EL-RUFAI REPORT: THE FEDERAL GOVERNMENT ALREADY AGREED:

Let us not forget, this is not the first time this issue has been raised. In 2018, the APC Committee on True Federalism, chaired by Nasir El-Rufai, explicitly recommended removing “Drugs and Poisons” from the Exclusive Legislative List to allow states greater legislative freedom over urgent local matters.

That report was endorsed by the ruling party, supported by the public, and even became a campaign promise in 2015.

Seven years later, nothing has changed. Why?

A SIMPLE PATH TO CONSTITUTIONAL REFORM:

For those who insist that the Constitution is the obstacle, here is the solution  clearly spelled out in the same Constitution:

Section 9(2) of the 1999 Constitution:

> “An Act of the National Assembly for the alteration of this Constitution… shall not be passed unless the proposal is supported by the votes of not less than two-thirds majority of all the members of each House of the National Assembly…”

Section 9(3) adds:

> “…and approved by the resolution of the Houses of Assembly of not less than two-thirds of all the States of the Federation.”

In plain terms:

1. A bill must be introduced in the National Assembly to move “Drugs and Poisons” from the Exclusive to the Concurrent Legislative List.

2. It must pass with a two-thirds majority in both the Senate and House of Representatives.

3. At least 24 out of the 36 State Houses of Assembly must approve the bill.

This is not only doable,it is long overdue.

WE CANNOT LET TECHNICALITIES SILENCE RESPONSIBILITY:

The advisory warns of duplication, conflict, and constitutional challenge. But it fails to ask the real question,what happens when people are dying and the law is not helping?

We need more than legal caution,we need constitutional courage.

Kano State has every moral, public health, and democratic right to establish a state agency  even one with limited prosecutorial powers to coordinate community education, early intervention, rehabilitation, and state-funded enforcement mechanisms that fill the deadly vacuum left by federal institutions.

The gray areas can be tested in court but inaction is not an option.

TO GOVERNOR ABBA KABIR YUSUF: PLEASE, DO NOT BACK DOWN:

Your Excellency, history will not remember the legal memos. It will remember the leaders who took action when it mattered.

What you are proposing is bold, but it is right. It aligns with the constitutional restructuring that even your party once supported.

Establish the agency. Build its capacity. Coordinate with the NDLEA where needed. But do not be boxed in by a rigid federal list of 68 Exclusive items that no longer reflects the realities of our time.

TO THE NATIONAL ASSEMBLY: YOU HAVE THE POWER TO FIX THIS:

You swore to serve the people, not to protect a flawed structure.

The current arrangement where only the Federal Government and the Federal High Court can touch drug-related enforcement  is not working.

Amend the Constitution. Remove “Drugs and Poisons” from the Exclusive List. Give states the power to protect their people.

IN CONCLUSION: FEDERALISM MEANS LETTING STATES BREATHE:

The advisory may be polite. But it is politely out of touch.

This is not about constitutional pride,it is about saving lives. We are in a war against drugs. And in war, you act.

The law must evolve.

The Constitution must breathe.

The people must be saved.

Let us amend the Constitution.

Let states legislate on drugs and poison.

Let sanity return to our streets.

Let justice  real, living, breathing justice prevail.

Tijjani Sarki

Good Governance Advocate & Public Policy Analyst

Executive Director

Responsive Citizens Initiative

Responsivecitizensinitiative@gmail.com

15th August 2025