The discourse on the use of the death penalty as a penal sanction for offenses is often clouded with contention. Over the years, the issue surrounding the death penalty has been the subject of intense debate among scholars, jurists, lawyers, criminologists, and sociologists.
The death penalty remains a legal sanction in Nigeria and continues to be imposed throughout the country, by judges in the high courts and sharia courts. Nigeria is one of only ten countries in Africa to have carried out executions in the last ten years, leading to its classification by the UN as a retentionist death penalty state.
This paper interrogates the death penalty and its relevance in Nigeria. More importantly, this paper proposes a pragmatic way forward in light of the contemporary debate on the abolition or retention of the death penalty in Nigeria. The paper advocates a legally-backed and permanent suspension of executions and the eventual abolition of this form of punishment through a constitutional amendment.
The Death Penalty Debate
Legal and Constitutional Framework
Nigeria operates a constitutional democracy modeled after the United States' system. The rights of citizens and obligations of the state are enshrined in the 1999 Constitution, the grundnorm, from which all other laws derive their efficacy and validity. Section 33(1) of the Nigerian Constitution stipulates that "Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offense of which has been found guilty in Nigeria".
In addition to the 1999 Constitution, the death penalty is allowed in Nigeria under a plethora of federal and state laws, which operate side by side. These include the Armed Forces Act, Penal Code applicable in the northern states; Criminal Code applicable in southern states; Robbery and Firearms (Special Provisions) Act; the Terrorism (Prevention) Act 2011; and the sharia penal law applicable in 12 northern states.
Read also: Learn about motocross legend Chad Reed
The following offences are punishable by death under the provisions of the Criminal and Penal Code of Nigeria: murder; treason; conspiracy to treason; treachery; fabricating false evidence leading to the conviction to death of an innocent person; aiding a child or a ‘lunatic’ to commit suicide; armed robbery (under the Robbery and Firearms Decree 1984).
Under the various Sharia penal laws in the 12 Northern states, death penalty is applicable when convicted for one of the following offences: adultery; rape; ‘sodomy’; incest; witchcraft and juju offences.
Methods of Execution
Death sentences can be executed either by hanging or by shooting (firing squad). In the Northern Region, Shariah law prescribes beheading, stoning, and crucifixion as methods of executions for certain offenses. According to Amnesty International, in 2016 Nigeria executed three persons by hanging in Benin Prison (Edo State).
Statistics and Trends
As of 8 May 2023, 3,322 people were known to be under sentence of death. The statistics of death sentences in Nigeria in the past decade is alarming: 2010 (151), 2011 (72), 2012 (56), 2013 (141), 2014 (659), 2015 (171), 2016 (527), 2017 (621), 2018 (46), 2019 (54), and 2020 (58) (Statista, 2022). The country has been described as being addicted to the death penalty (Whitehead, 2015).
Nigeria last executed three individuals by hanging for armed robbery in 2016.
Read also: Shark Attack Investigation: Sharm El Sheikh
By the end of 2018, Nigeria’s death row of at least 2,000 inmates was the largest in Sub-Saharan Africa.
Executions in Nigeria (2016)
| Year | Executions |
|---|---|
| 2022 | 0 |
| 2021 | 0 |
| 2020 | 0 |
| 2016 | 3 |
Arguments For and Against the Death Penalty
Nigeria is entangled in debates and controversies for and against the death penalty. Opposition to the death penalty is driven by human rights activists, non-governmental organizations, and civil society groups. Adherents of the death penalty, also labeled retentionist, argue that it is legal and constitutional, having been provided for in the 1999 Constitution.
The briefing “Nigeria: Not a quick fix to insecurity: The death penalty as an ineffective deterrent to crime” shows that there is no convincing evidence to support the argument that the death penalty prevents crime more effectively than other punishments.
The debate revolves around the right to life; freedom from torture; and freedom from inhuman, cruel, and degrading treatment. It is essentially a moral problem, which divests convicts of their right to humanity and dignity.
Challenges and Concerns
Our research indicates that capital defendants rarely receive adequate legal representation due to lack of resources and systemic failures. The Nigerian police force is often accused of corruption and lack of professionalism, and their ability to conduct a thorough investigation is in doubt. The judicial system is sometimes flawed, feeble, and susceptible to error and corruption.
Read also: Comprehensive Guide: Nigerian Death Certificates
With regard to law enforcement practices, consulted sources mention several accounts of the NPF, the army, and other security services using lethal and excessive force to disperse protesters and to apprehend criminals and suspects; as well as committing extrajudicial killings, and obtaining confessions through torture.
Prison overcrowding is partly due to a dearth of lawyers for accused and convicted persons. Furthermore, human rights organizations have documented numerous allegations of torture or other ill-treatment in police custody.
Not all individuals accused of crimes in Nigeria would face the level of risk required to establish well-founded fear of persecution. Available information indicates that in the case of individuals accused of ordinary crimes, there is in general no nexus to a Convention reason for persecution.
International Influence and Legal Reforms
On the international stage, Nigeria has been signaling a change in its attachment to capital punishment. Some recent legislative reforms, however, offer signs of improved compliance with international human rights standards. Since the enactment of the 2015 Administration of Criminal Justice Act-a unified procedural law applicable in all federal courts with respect to federal criminal offenses-no person under the age of 18 may be sentenced to death.
For instance, in December 2017, President Muhammadu Buhari signed the 2017 Anti-Torture Act, which criminalizes acts of torture and other cruel, inhumane, and degrading treatment. A torture conviction can carry up to 25 years in prison.
The global movement to end the death penalty has been relentless and unyielding, and Nigeria is not immune to the influences.
Popular articles:
tags: #Nigeria
