FOLLOWING the Lagos State Attorney General’s statement that the Lagos State Government may soon execute the General-Overseer of the Christian Praying Assembly, Chukwuemeka Ezeugo, a.k.a Rev King, and other prisoners who have been sentenced to death, Mr Femi Falana (SAN), has asked Governor Akinwunmi Ambode of Lagos State to commute the death penalty passed on death row inmates to life imprisonment.
Falana in a letter dated April 19, 2017, and addressed to Governor Akinwumi Ambode, pointed out that the planned execution of death row inmates in the state would violate a subsisting judgment delivered in 2012 by the High Court of Lagos State which ruled that it was illegal and unconstitutional to execute the condemned inmates.
He reminded the Governor that the judgment of the court of the state had held that to hang or subject the death row inmates to firing squad would lead to the violation of their fundamental right to freedom from torture guaranteed by the Constitution.
The judgment was said to have been delivered by Justice Mufutau Olokooba of the Lagos State High Court on June 29, 2012.
The Lagos lawyer advised the state government to explore the only available option of commuting the death penalty passed on the inmates to life imprisonment.
“On the basis of the valid and subsisting judgment of the Lagos High Court on the illegality of the execution of the death penalty in Lagos State we urge Your Excellency not to sign a death warrant authorising the killing of any condemned prisoner either by hanging, firing squad or any other means whatsoever.
“In the circumstance, Your Excellency may wish to commute the death sentences of all condemned prisoners in Lagos State to life imprisonment forthwith,” Falana said.
Mr Adeniji Kazeem, the AG of Lagos State had pointed out that unlike previous administrations, Governor Ambode would sign the necessary documents to execute those on death row in the state.
Kazeem had on Tuesday during a press briefing said the development was at the instruction of Governor Ambode and that the state had begun reviewing the matter after prison officials complained of the highhandedness of some death row inmates who felt that they had certain rights which excluded them from being executed.
But Falana stated that the planned execution would negate the subsisting the court judgment.
“Although many persons have been convicted for armed robbery and murder and sentenced to death by the Lagos State High Court since 1999 your predecessors did not sign death warrants for the execution of any person on death row.
“Accordingly, all the convicts on death row have had the death sentences imposed on them commuted to life imprisonment.
“It is pertinent to draw the attention of Your Excellency to the case of Ajulu & Ors V Attorney-General of Lagos State (unreported) Suit No: ID/76M/2008 of 29th June 2012 wherein the Lagos State High Court held that while a person who commits murder may be sentenced to death it is illegal and unconstitutional to execute such death sentence by hanging or firing squad as it will lead to the violation of his fundamental right to freedom from torture guaranteed by the Constitution.”
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