pplying the death penalty in Nigeria June 28, 2013 by Editorial Board Leave a Comment President Goodluck Ebele Jonathan President Goodluck Ebele Jonathan | credits: date360.net THERE is hardly any law in Nigeria’s statute books that attracts views as diverse as the death penalty. While many believe that it is anachronistic and not suited to modern day realities, others feel strongly that the death penalty is still relevant in Nigeria, given the high rate of violent crimes in the country. This is why the recent call by President Goodluck Jonathan for its full implementation is likely to be controversial. But actions on a matter like this should be considered pragmatically, rather than emotionally. Significantly, the President’s call at a special church service to mark the 2013 Father’s Day came at a time when the list of people on death row had been growing, owing largely to the reluctance of state governors to sign the death warrants of condemned criminals. It is estimated that about 970 inmates are awaiting execution in various prisons across the country, having been found guilty of crimes ranging from murder to armed robbery. Since the exit of the military from Nigerian politics, it is on record that only two governors have signed the death warrants of criminals. While the then Governor of Kano State, Ibrahim Shekarau, signed the first warrants in 2006, the Governor of Edo State, Adams Oshiomhole, brushing aside protests by human rights groups, sanctioned the execution of two condemned criminals last year. As a follow-up, four death row prisoners were reportedly executed in Edo State on Monday. Death Penalty Worldwide, a website that specialises on information concerning capital punishment globally, claims that while more than 2,600 persons were executed in Nigeria before 1999, only 22 have suffered the same fate since the return to civilian rule. In 2010 alone, there were 151 death sentences passed without a single execution. Quoting Amnesty International, the global human rights organisation, DPW said that nine persons were executed in Nigeria in 2003 and seven in 2006, which were not announced to the public by the government. The last execution that was publicly announced was that of Sani Yakubu Rodi in Kaduna in 2006. Notably, the figures mentioned did not take into cognisance the execution in Edo State on Monday. The danger in the non-implementation of the death penalty is that it has also compounded the problem in Nigerian prisons, which is already suffering from congestion, arising mostly from the slow dispensation of justice. A DPW report focusing on conditions in Nigerian prisons said, “An in-country expert indicated that most prisons in Nigeria were built before 1960 and are in such a state of decay that in a recent prison break, the walls of the prison simply gave way. Death row prisoners are segregated from the general prison population; cell blocks built to hold six could hold 18 to 24 people, and any food provided on a budget of approximately $1.50 a day per prisoner is of very poor quality.” Most of those who oppose the death sentence are of the view that it has not served as a deterrent. According to such arguments, cases of armed robbery have not reduced since the penalty of death by firing squad was introduced decades ago. They believe that, rather than discourage the crime, the incidence of armed robbery has been on the rise. One of the strongest arguments, aside from the belief in the sacrosanct nature of human life, is that, once a person is executed, it is impossible to reverse the punishment even when it is later discovered that he was actually innocent. Speaking on the issue last year, human rights lawyer, Femi Falana, was quoted as saying, “It is not easy for governors because it is official murder. The reason for penalties in law is for correction, not execution. It is a fact that the death penalty has not served as a deterrent anywhere in the world.” Such arguments have, however, not swayed about 21 countries – including many states in the United States of America – that still carry out capital punishment. They have soldiered on in spite of global pressure for its abolition. On Thursday, the State of Texas executed its 500th convict since 1976. Surprisingly, some states in Nigeria recently passed new laws stipulating death penalty for the crime of kidnapping. The affected states are Abia, Akwa Ibom, Anambra, Ebonyi, Enugu, Imo and Bayelsa. There have also been calls in recent times for the inclusion of corruption on the list of crimes punishable by death penalty. If the governors of these states have gone ahead to sign the bills on death penalty for kidnapping into law, it then smacks of sheer hypocrisy when they shy away from signing the execution warrants of those that have been condemned. Although it is unofficial, it is alleged that some of these governors (and their predecessors) have killer squads with which they go after their political enemies. Besides, in the absence of official execution of the condemned criminals, has anybody bothered to find out what happens to the numerous suspects that have been arrested over the years for offences such as armed robbery and kidnapping? Most of them are believed to be summarily executed extrajudicially, which is why the number of extrajudicial killings is so high in the country. A newspaper report credited to the Attorney-General of the Federation and Minister of Justice, Mohammed Adoke (SAN), said that no fewer than 7,108 persons were killed by the police alone in the four years preceding 2012. Jonathan did well to remind the governors of their duties under the law. If they feel they are not comfortable with the law, they can work for it to be expunged from the statute books. But, as long as it remains part of the Nigerian law, governors have a duty to make it work.
Posted on: Fri, 28 Jun 2013 05:48:42 +0000