Capital punishment is a legal penalty in Nigeria.[1]
Justification
editThe death penalty is authorized by Section 33 of the Constitution of Nigeria.[2] Capital crimes are defined under several laws, namely The Criminal Code Act LFN (Laws of the Federation of Nigeria) 1990 (which is almost impari materia with the various Criminal Code laws in the Southern part of Nigeria), The Penal Code Act LFN 1990 (impari materia with the Penal Code operational in the various States in the Northern Part of the country), The Robbery and Firearms Decree 1984, and The Sharia Penal Code (applicable in 12 Northern States).[3] Offenses punishable by death include armed robbery, murder, treason, conspiracy to treason, treachery, fabricating false evidence leading to the conviction to death of an innocent person, aiding suicide of a child or lunatic; and under Sharia Law zina (adultery), rape, sodomy, incest, witchcraft and juju offences.[4]
Pregnant women and people younger than 18 may not be sentenced to death. If convicted of a capital offence, they will instead be sentenced to life imprisonment.[5]
Methods
editThe methods of executions include hanging, firing squad, stoning, and since 2015, lethal injection.[6]
History
editDuring the Nigerian military juntas of 1966–79 and 1983–98, the government executed its political opponents, most notoriously when General Sani Abacha ordered the execution of the Ogoni Nine by hanging in 1995.[7]
21st century
editSince the transition to democracy in 1999, death sentences are often given but rarely carried out. After 2006, no executions took place until June 2013, when four prisoners on death row were hanged,[8] although about a thousand other condemned prisoners were awaiting execution at the time.[9] The next executions occurred in 2016, when three men were hanged for murder and armed robbery.[10]
On 17 December 2014, after being found guilty of conspiracy to commit mutiny, 54 Nigerian soldiers were sentenced to death by firing squad.[11] The trial was held secretly by a military tribunal.[12]
The use of the death penalty in Nigeria has generated debate.[13] In October 2014, former Delta State Governor Emmanuel Uduaghan pardoned three inmates who were on death row following the recommendations by the State Advisory Council on Prerogative of Mercy.[14] In 2017, the Nigerian government rejected the call by Amnesty International to halt the planned execution of some inmates in Lagos State.[2]
In May 2020, during the coronavirus pandemic, a court in Lagos used a video conferencing application to issue a death sentence.[15]
In addition to executions carried out in accordance with the law, there are also extrajudicial executions in Nigeria.[16] According to an estimate by the human rights group Global Rights, there were 800 extrajudicial executions in Nigeria in the period of 2020-2023.[17]
See also
edit
Further reading
edit- Grace, Okhomina Esohe (2004). Capital Punishment and Its Administration in Nigeria. A&E Corporate. ISBN 978-978-064-244-0.
- Nigeria "Political Shari'a"?: Human Rights and Islamic Law in Northern Nigeria. Human Rights Watch. 2004. pp. 24–. GGKEY:JPDB7Y1FBLK.
References
edit- ^ Adeyemi, Ayodeji (4 December 2013). "Waiting endlessly on Nigeria's death row". Al Jazeera. Retrieved 11 August 2015.
- ^ a b "Death penalty: You cannot decide for Nigeria – FG carpets Amnesty International". dailypost.ng. Retrieved 21 August 2017.
- ^ https://www.biicl.org/files/2160_basic_country_report_nigeria.pdf [bare URL PDF]
- ^ https://www.biicl.org/files/2160_basic_country_report_nigeria.pdf [bare URL PDF]
- ^ Ondo State of Nigeria Official Gazette, Law No. 2 of 2016, Administration of Criminal Justice Law 2015. Akure: Ondo State Government. 2016.
- ^ Nwachukwu, J.B. (April 26, 2017). "Death penalty in Nigeria: Constitutional but unconventional". Business Day. Archived from the original on April 26, 2017.
- ^ "Nigeria's Military Leaders Hang Playwright and 8 Other Activists". Deseret News. 11 November 1995. Archived from the original on July 27, 2014.
- ^ Hirsch, Afua (2013-06-25). "Nigeria hangs four prisoners". The Guardian. ISSN 0261-3077. Retrieved 2020-05-08.
- ^ "Politics this week". The Economist, page 8. 29 June 2013. Retrieved 31 January 2018.
- ^ "Death sentences and executions in 2016". amnesty.org. Retrieved August 21, 2017.
- ^ "Nigerian soldiers given death penalty for mutiny". BBC News. 17 December 2014. Retrieved 11 August 2015.
- ^ Nnochiri, Ikechukwu (22 December 2014). "Alleged mutiny: Hon flays secret trial, conviction of soldiers". Vanguard (Nigeria). Retrieved 31 January 2018.
- ^ "Dons disagree on abolition of death penalty in Nigeria". Premium Times. 19 July 2012. Retrieved 11 August 2015.
- ^ "Uduaghan Pardons 77-year-old On Death Row". Information Nigeria. 7 October 2014. Retrieved 11 August 2015.
- ^ Adebayo, Bukola (7 May 2020). "A man was sentenced to death via Zoom in Nigeria, sparking criticism from rights groups". CNN. Retrieved 2020-05-08.
- ^ https://www.amnesty.org/fr/wp-content/uploads/2021/06/afr440372009en.pdf [bare URL PDF]
- ^ "Rights Group: Nigeria Recorded More Than 800 Extrajudicial Executions in 3 Years". Voice of America. 2023-10-23. Retrieved 2024-07-10.
Further reading
edit- Whitehead, Eleanor. "Nigeria's addiction to the death sentence." Al Jazeera. August 11, 2015.