Death Penalty: To Be Or Not To Be?

Nigeria is one of the countries in the world still harbouring penalty offences in its statute books.

Armed robbery and murder are some of the offences punishable by death under Nigeria’s extant laws.

A report released by the Office of UN Secretary-General, shows that of 198 nations in the world, only 47 retain the death penalty.

According to the report, 81 nations excluding Nigeria have already committed themselves to prohibition of the death penalty through ratification of international or regional instruments.

However, human rights groups and some non-governmental organisations are worried that Nigeria is still retaining the death penalty in its legal codes.

Some of the human rights’ activists want the country to abolish the death penalty, describing it as outdated.

Mr Ivan Paneff, Vice -President, Avocats Sans Frontieres, an international NGO, was in the country recently to stimulate discourse on the need to erase the “ obnoxious death penalty from Nigeria’s legal system”.

Paneff, who also spoke at a recent conference organised in Abuja by the Nigerian Bar Association (NBA), in partnership with National Human Rights Commission and Access to Justice, another NGO, explained that death penalty was an “out-dated practice’’.

“The public through the parliament has the right to bring this to an end.

“ It is indeed, a legislative matter but ‘Lawyers without Borders’ is launching the campaign in Nigeria to join the rest of the world to stop killing criminals.

“To us, there is no justification why the state should champion the killing of its citizens.

“We believe other punitive judgments could be passed on criminals. Life imprisonment, for instance, is good enough,’’ he said.

Justice Dahiru Musdapher, former Chief Justice of Nigeria, who commented on the issue, said that the abolition or retention of the death penalty was a matter for the legislature to decide and not for the court to wade into.

“As social reality is constantly changing, the law’s connection to this fluid reality implies that it too is always changing.

“Hence we must ask ourselves: has societal reality changed, thus necessitating a change in law as it relates to the death penalty?

“Although the statutory role played by the judiciary on the death penalty issue may appear to be restricted, I will not shy away from the fact that in the 21st century, judges are gradually acknowledging the more robust role they play in shaping the law, policy and the principles upon which judicial reviews rest.

“The death penalty has been an issue, which has often drawn out raw emotions whenever and wherever discussed.

“Arguments in favour or against death penalty are both compelling and persuasive,’’ he said.

Mr Livingstone Sewanyana, a resource person from Uganda, who presented a paper entitled “Towards Global Abolition of the Death Penalty: The African Experience,’’ said the public should form a global coalition against the practice.

“Where the death penalty has been challenged, the anti-death penalty activists have played a prominent role; lawyers as officers of court have to take the lead,’’ Sewanyana remarked.

Justice G.I Kurada of Kaduna State High Court, said that the death penalty in the country’s various laws were fixed, adding that no room was left for the judge to give anything less.

He, however, said that the age of the convict, health, conduct of convict after committing the offence, prevalence of the offence, callousness shown, were some of the factors that could move the court in making its recommendation for mercy.

Mr J.C. Otteh, the Director, Access to Justice, who also spoke on the topic, “ Death Penalty in Nigeria,’’ said that the negative political and social developments have reinforced public anger against crime and offenders.

He explained that outbreak of terrorism, predicated upon a fanatical religious ideology leading to mindless killings, only thickened opinion in favour of the death penalty.

Mr Joe Daudu, former NBA President, argued that it was premature to advocate for the abolition of death penalty from the country’s legal system.

Daudu spoke at a conference with the theme: “Saving Lives: Strengthening the Role of Lawyers to fight Against the Death Penalty.’’

“We have to solve other problems relating to how we punish criminals and if we do not get that right, it is like climbing a tree from the top.

“The life of any victim of murder is important and the sanctity of the society, and therefore, we need to understand why countries like America have not abolished the death penalty.

“The penalty serves as a deterrent, and nobody would tell me the death penalty does not deter people who would otherwise have killed other people.”

The former NBA president, however, said that it was not a bad argument for death penalty to be abolished, but held that the criminal justice system must first be made effective.

Analysts say for the campaign to sail through, the proponents have to recognise the huge odds that confront them in running against a thick current of pro-death public opinion, especially in view of the current social and political challenges.

Martins Odeh writes for News Agency of Nigeria (NAN).

Martins Odeh