Another Look At Capital Punishment

There are far too many prisoners in Nigeria’s correctional facilities. Thousands of them are awaiting trial inmates, while others are either serving their jail terms or have received death sentences. The approximate number of death row convicts in custodial facilities around the nation as of July 2022 was 3,145. Of the figure, 3,084 were men and 61 women, according to the Nigerian Correctional Service. This has over time put the process of decongesting the correctional facilities all but impossible.
As governors decline to sign the death warrants for the condemned, the number of the individuals on death row is growing, sparking reservations among human rights advocates and attorneys about what might happen to the prisoners. A few of them have proposed converting the death penalty to life in prison. Others contend that the death sentence ought to be abolished under the constitution if the governors are unwilling to sign the warrants. Femi Falana, SAN, maintains that keeping a prisoner on death row for a considerable amount of time is torture.
Despite repeated calls by the Federal Government for state governors to exercise their constitutional responsibility of signing death warrants of criminals condemned to death by courts of competent jurisdictions, no death row inmate has been executed in the last 10 years. Governors are delaying the wheel of justice and contributing to congestion in correctional centres by refusing to sign the death warrants. States should share in the burden of decongesting custodial facilities in the country.
Crimes that are punishable by death include homicide, kidnapping, and murder. The governors must still sign the warrants after the judges issue these orders for the execution to proceed. Over time, the governors, who are liable for confirming execution orders, have been dodging their role, which has made the already cramped jails even more cluttered. They justify their refusal to append the warrants by citing political correctness and feelings.
One of the most contentious and frequently discussed subjects in the world is the death penalty. Numerous organisations observe that it is cruel and barbarous. Its opponents frequently compare it to murder, pointing out that it has no effect on homicide rates and that the ends do not always substantiate the methods, particularly when people are wrongfully condemned.
Since Nigeria is yet to consider abolishing or suspending the death penalty, the onus is on the governors to take the correct course of action. The number of nations that have done so is expanding. According to the Death Penalty Information Centre, almost 70 per cent of nations worldwide have either outlawed or discontinued the death penalty. Kazakhstan and Papua New Guinea are among the most recent nations to ban it.
By the end of 2021, 108 countries had abolished the death penalty for all crimes under the law; 144 countries had done the same in practice; 28 countries had done so in effect by not carrying out an execution in the previous ten years; and 55 countries still applied the death penalty for common crimes. This information comes from data provided by Amnesty International.
However, proponents of capital punishment often view it as a necessary evil to protect society from individuals who commit the most heinous crimes. Despite the declarations from former Governors Seriake Dickson of Bayelsa State and Simon Lalong of Plateau State that they would not hesitate to approve the death penalty for convicted kidnappers, there is no concrete evidence of them following through on this promise. The only elected governor in recent Nigerian history known to have signed a death warrant was former Governor of Edo State, Adams Oshiomhole, which sparked criticism from various groups.
During his tenure as President of Nigeria, Goodluck Jonathan made a controversial statement urging state governors to sign death warrants for criminals condemned to death. Speaking at a Fathers’ Day Sunday service in 2013, Jonathan reminded the governors that their role as leaders involved both pleasant and unpleasant tasks. Jonathan’s call serves as a reminder of the dual responsibilities that come with leadership and the need for critical reflection on the consequences of such decisions.
Governors play a crucial role in the criminal justice system when it comes to deciding the fate of individuals on death row. They are faced with the weighty decision of either approving the death warrants of those who have exhausted their appeals process, converting their death sentence to life imprisonment, or offering them clemency. Failure to act on any of these options should result in the removal of Section 33, which permits the death penalty, from the constitution.
State governors must set aside personal emotions and make decisions based on the principles of justice, fairness, and compassion. Approving death warrants should only be done after careful consideration of all facts and evidence in a case, ensuring that justice is served. However, if governors find that there are mitigating circumstances or doubts about guilt, they have the option of converting the death sentence to life imprisonment or offer clemency. This allows for the possibility of exoneration or further legal proceedings to rectify any injustices.
Clearly, then, the death penalty in Nigeria should be re-evaluated. The lack of execution and the potential for injustices highlight the need for a more humane and effective form of capital punishment. Life imprisonment could provide a better alternative, ensuring that criminals are still held accountable for their actions while avoiding the risks and controversies associated with the death penalty.