Funke Busari, Lagos
Legal Defence and Assistance Project (LEDAP) has condemned the proposal by the Minister of Interior, Rauf Aregbesola urging State governors to sign death warrants of the 3,008 inmates waiting for execution as part of measures to decongest correctional centres in the country.
LEDAP is a non-profit organisation promoting and protecting human rights and the rule of law, strengthening the administration of criminal justice, and tracking corruption in Nigeria since 1997.
According to Pamela Okoroigwe Senior Program Manager of LEDAP, the way to decongest the prison is to give attention to ensuring that the 50,992 inmates in the country’s correctional faciliites, get a fair trial with adequate legal representation which will go a long way in decongesting the correctional centres nationwide rather than call for the execution of death row inmates of a mere 3,008.
Expressing concern that the execution of inmates on death row is a final, irreversible punishment and the huge risk of executing an innocent person can never be eliminated.
It must be added that the use of death penalty has never been proven to be an effective tool for deterring people from committing crimes.
Citing Section 35 (4) of the Nigerian constitution that stipulated that the police must bring a person before a court of law within “a reasonable time” If there is a competent court of jurisdiction within a forty kilometer radius, “a reasonable time” is defined as twenty-four hours. If suspects have not been brought before a competent court of jurisdiction within two months, they must be released unconditionally or “upon such conditions as are reasonably necessary to ensure that he appears for trial at a later date.
LEDAP noted that in practice such principles and provisions of law are not adhered to by the police.
Quoting the Minister’s statement and comparing with available information, LEDAP stated that the total national custodial facilities with a maximum capacity of 57,278 inmates currently has a total population of 68,747 inmates.
Additionally, 50,992 inmates, representing 74 percent of the total population of inmates in the nation’s custodial centres were awaiting trial inmates while only 17,755 inmates which is a mere 26 percent were the actual convicts.
Hence, the organisation said, “It is only reasonable that the priority and focus of the Ministry of Interior should be channeled towards ensuring that the 50,992 inmates get a fair trial with adequate legal representation which will go a long way in decongesting the correctional centres nationwide rather than call for the execution of death row inmates.
LEDAP said it currently has two pending cases in court namely: Godwin Pius & 2 Ors. V Governor of Abia State & 35 Ors (CA/L/797M/12) and Nnenna Obi & Anor v Comptroller General of Prison Services (FHC/ABJ/CS/1644/2020) challenging the constitutionality of death penalty of all inmates on death row in Nigeria and we strongly urge all state governors to desist from signing the death warrant. It is noteworthy to state that the Supreme Court in the case of Nasir Bello v Attorney General of Lagos State held that a prisoner cannot be legally executed while his case is pending in Court.
LEDAP stated that death penalty as a form of punishment is not the solution to crime deterrence and must be condemned in Nigeria.
“This cruel, inhumane form of punishment have been discredited as an effective form of punishment. In most cases, these inmates on death row were convicted in grossly unfair trials, on the basis of torture-tainted evidence with inadequate legal representation.
“Furthermore, by virtue of Section 17 (2) (a) of the Constitution of Nigeria 1999 (as amended), “every citizen shall have equality of rights, obligations and opportunities before the law”. The weight of death penalty is largely disproportionally carried by those with less advantaged socio-economic status in the society considering their limited access to adequate legal representation, or being underprivileged in their experience of criminal justice system where the affluent persons are treated with utmost courtesy notwithstanding the gravity of the offense.
Concluding, LEDAP said it remains established on the position that, death penalty undermines human dignity, and we are calling on the Nigerian government to enact an official moratorium, as this will contribute to the enhancement and progressive development of human rights.”
