Warrant execution: A constitutionality for national stability

Murder according to Merriam Webster Dictionary is the crime of unlawfully killing a person especially with malicious aforethought. In other words, it is a premeditated and intentional act of terminating another person’s life. Under the state criminal codes, murder is a capital offence or crime which could attract either life imprisonment or death by hanging. Every criminal offence must be punished. And when someone’s allegations have been proven under a competent court of jurisdiction with appropriate sentence served, the judgment must be binding.

A report showed that many of the democratically elected governors in Nigeria usually decline signing the death warrant, hiding under humanitarian shade. The act of leaving the condemned criminals to go unpunished has become the trending issue across the nation. Sincerely it is not contravening only the court verdicts but also their constitutional duties at promoting societal justice and fairness. This trend worsened since the nation transited to democracy in 1999, thereby arm-twisting the constitution at will.

According to the Nigerian Constitution, section 33(1), capital crimes such as murder, terrorism-related offences, rape, robbery, kidnapping, sodomy, homosexuality, among others attract capital punishment, which is majorly the death penalty. Similarly, the Holy Bible affirms how even God abhors act of malicious killing. This is established in the book of Deuteronomy 19 verse 11 to 13, stated that  “But if any man hate his neighbour (malice afterthought) and lie in wait for him (intentional) and rise up against him, and smite (murdered) him, mortally that he die, and flee into one of these cities (trying to escape judgment), then the elders of his city shall send and fetch him thence (arrest for prosecution) and deliver him into the hand of the avenger of blood (hangmen) that he may die.” Human rights lawyer, Mr. Femi Falana, during an interview said: “There is a sociological angle to the issue of execution of death row inmates. Most prisons find it difficult to find hangmen. It is difficult to find a Nigerian who would be proud of an occupation of killing people,” adding that most civilian governors find it difficult to ratify the killing of other citizens even though they have been convicted.

Nevertheless, former president of Nigeria, Dr. Goodluck Ebele Jonathan during the 2013 International Fathers’ Day celebration called on state governors, enjoining them to summon up courage and take up their statutory responsibility by signing the pending death warrants of all condemned criminals for execution.

A retired senior correctional officer explained that “before a case could be established as homicide or capital offence, it must have been thoroughly investigated and facts affirmed by the Nigeria Police, through a competent Investigating Police Officer (IPO), which would be later referred to the Department of Public Prosecution (DPP), in the State Ministry of Justice for legal advice. Thereafter the case could be heard in a competent court, then, the presiding Judge who will give the verdict of capital punishment which might lead to the death by hanging if found guilty. The accused has the right to appeal within three months and if it does not favour him or her, the governor can sign the death warrant paper(s) for his or her execution not later than six months. But what do we have today? Reports show that in the last 18 years, none of the condemned criminals across the correctional centres in Nigeria have been executed because there is no one to sign the death warrant.”

The retired officer further noted the negative effects in keeping the condemned criminals for too long in prison, saying it has serious negative influence not only on other inmates but also in breeding more criminality. Reports of emergence of riot among inmates, cases of prison break, the ever increasing prison congestion among other nefarious acts in the correctional centres are motivated by non-execution of the condemned criminals.  Some experts pointed out that condemned criminals often become wild and uncontrollable by correctional officers since they believe they are already destined to die. The Comptroller General of Nigerian Correctional Service (NCS), Ahmed Ja’afaru stated that there are 2,745 inmates on the death row all over the country, as at 2018 who according to him have spent over 10 years awaiting execution.

Ever since the granting of pardon to some acclaimed repentant bandits, Boko Haram and ISWAP members , the security situation of the nation has grown worse with more destructive attacks. As part of new measures, government should make prosecution and execution of terrorists public so as to showcase Nigeria’s seriousness in handling terrorism.

It is imperative for government at all levels to know that carrying out their constitutional assignment is the core duty they were elected to perform. Nigerians have been exposed to various levels of psychological misdemeanors through failed government promises and responsibilities in the past. At least for once, let the people enjoy the dividends of democracy, not only in the area of provision of social amenities but in government’s sincerity of signing the necessary death warrants of all condemned criminals that have been long overdue. This is so as to decongest the prison, build public confidence as well as sustain economic stability in accordance with the constitution.

Ogungbesan sent this piece from Abeokuta.

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