Lagos: Stakeholders in Nigeria’s criminal justice system have advised state governors to be decisive in the execution of condemned prisoners rather than continue to torture them in prison.
According to News Agency of Nigeria, a survey conducted on the failure to sign death warrants of condemned prisoners since the advent of the civilian government in 1999 reveals that stakeholders attribute the governors’ apathy to factors such as maintaining political correctness to avoid jeopardizing their chances for re-election.
In interviews across Ogun, Oyo, and Kwara States, some respondents identified the absence of professional hangmen or executioners as a factor contributing to the high number of condemned persons languishing in the country’s correctional centers. Mr. Musibau Adetunbi, a Senior Advocate of Nigeria (SAN), described the perpetual confinement of convicted persons on death row as inhuman. He emphasized the necessity for governors to either sign their death warrants or convert them to life imprisonment, as keeping them on death row amounts to mental torture.
Adetunbi pointed out that once a death sentence is confirmed by the Supreme Court, governors should decide whether to sign the death warrant, grant a pardon, or convert the sentence to life imprisonment. Abolishing the death sentence, according to him, would be improper considering the nature of crimes committed in Nigeria. He suggested that the National Assembly could amend the constitution to replace the death sentence with life imprisonment since governors are reluctant to sign death warrants.
Mr. Mutalubi Adebayo Ojo, a former Attorney-General and Commissioner for Justice in Oyo State, argued against abolishing the death sentence, citing the various societal issues that necessitate its retention. He noted that the reluctance of governors to sign death warrants might stem from the global trend of abolishing the death penalty, as evidenced by the outcry when former Edo Governor Adams Oshiomole signed a death warrant.
Prof. Oludayo Tade, President of the Nigeria Society for Criminology (NSC), attributed some governors’ refusal to sign death warrants to their belief in the sanctity of life. He highlighted that legal processes should be fully exhausted before any death warrant is signed, as premature execution could deny justice. Tade also discussed the complexity of capital punishment in a democratic system compared to the military era and identified factors such as the convict’s social connections and the lack of executioners as constraints.
Mr. Salman Jawondo, a former Attorney General and Commissioner for Justice in Kwara State, attributed the high number of condemned prisoners on death row to the scarcity of hangmen. He explained that the legal process provides an automatic right of appeal up to the Supreme Court for condemned individuals. Citing cases like AbdulRahman Bello and Bello vs Oyo State Government, Jawondo highlighted the consequences of executing a convict with pending appeals, emphasizing the correctional system’s aim for reformation, not vengeance.
Prof. Abideen Olaiya from the Federal University of Agriculture, Abeokuta, criticized governors for their reluctance to sign death warrants, attributing it to their lack of preparedness for governance. He stressed that justice and maintenance of law and order are major gubernatorial duties, alongside resource distribution and revenue generation. Olaiya argued that failing to sign death warrants contributes to the rise in violent crimes and that repealing the death sentence law would worsen criminality in Nigeria.