Should The Death Penalty Be Abolished in Nigeria?

Criminals or law breakers shouldn’t be allowed to go scot-free, right? Yes! It is okay to attest to the fact that due punishment should be attached to every crime committed to prevent re-occurrence and continuance of such act in a society.

But what do we say of a punishment that abruptly shortens the life of a man? No chance to make amends or re-right the wrong or even live a better life again.

Most people would affirm that, when deterring punishment are attached to criminal acts, it prevents people from wanting to do such.

“Where there is no law, there is no offense,” they say. Hence, in a country where there are binding laws, laws are meant to be humanely made and implemented appropriately. Sadly, this seems not to be the case in Nigeria.

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What Death Penalty Entails

Death penalty is a capital punishment used as a form of retribution for capital offenses, a deterrent and a means of preserving moral order in the society. It isn’t just an infliction of punishment, but one backed by due legal process. It is clearly stated that the judge’s power to sentence is restricted once the accused is found guilty of capital offenses.

Yet, this is not a funny issue in its practical sense. Nobody wants to end their life just like that. As much as this punishment is beneficial to the society in reducing crime rates, it is not humane enough to curb crimes with it and, this brings about the question: Should death penalty be abolished in Nigeria? Let’s figure it out together.

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Legal Backings of Death Sentence

According to section 33 (1) of the Nigerian Constitution, “Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.”

Section 36 (12) of the 1999 constitution of Nigeria (as amended), also re-echoed the said provision that, “…A person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefore is prescribed in a written law…”

A written law refers to an Act of the National Assembly or a Law of a state, any subsidiary legislation or instrument under the provisions of a law.

Capital crimes are mainly defined under the Criminal law and such acts are to be penalized. Death penalty is pronounced on offenses like treason, murder, kidnap, armed robbery and involvement with militia groups. Recently, in Nigeria, offence of kidnapping was included to be a capital offense by some states with death as the penalty – Abia, Bayelsa, Akwa-Ibom, Anambra, Ebonyi, Enough, Imo and Edo.

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Should Death Penalty Be Abolished?

Yes. This is because death sentence inflicts psychological torment on victims subjected to it. Due to its violation on human rights, many countries of the world have taken their lead to either abolish this capital punishment or discontinue its practice.

In recent times, when there has been a movement to abolish the death sentence which was first initiated by the liberal utilitarian and humanistic ideas by Enlightenment in Europe at the end of the 18th century.

Some countries did abolish the practice while some were quite sceptical. However, with the adoption of Universal Declaration of Human Rights (UDHR), abolition gained ground as it conflicts human rights.

Despite the sanctity of this in reducing crime rates, sense of retribution and curbing recurrent acts, death penalty seems not to be a deterrent to criminal acts. It only cuts short the life of humans with no hope to make amends.

Of course, people need to learn lessons for their misdeeds while others learn from their mistakes, but death sentence doesn’t even serve as a deterrent as criminal acts keep flourishing and crime rates increase daily.

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According to the human rights law, every human has a right to life. Death, as a capital punishment, is therefore an infringement on the right to life of humans. As it is serves as a violation of human rights, it’s a clamour for its abolishment.

It is sad to say that Nigeria is one of the countries still in the legal practice of death by hanging. This is not a good enough practice to deter crimes. The death penalty as an ineffective deterrent to crime shows that there is no convincing evidence to support the argument that this capital punishment prevents crime more effectively than other punishments.

Better still, people found guilty of crimes following a trial that meets international fair trial standards should be held accountable but without recourse to the death penalty. Rather than the quick fix approach of punishing criminal acts, there should be a comprehensive crime-prevention approach that will help convicted people to have a chance to make amends, learn their lessons and become better people in the society.

Nowadays, how death sentence is tied to offenses that are not even capital has become alarming. As of May 8, 2022, the law was amended, making offenses like cattle rustling, banditry, and cultism to be punishable by death. Also, according to the Sharia law of the North, rape is punishable by death.

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It is understandable that death sentence pronounced on capital offenses will curb individuals from replicating the same. But rather than cutting short the lives of the criminals without curbing the very act, other approaches can be implemented. Death by hanging contradicts the idea that criminals can be rehabilitated and re-socialised and for this reason, contradicts freedom of dignity.

Placing convicted persons in life imprisonment with rehabilitation provisions will help individuals learn and be reoriented to do the right thing regardless. Also, they’d become better and useful people for the society again and through their story, they can convince other citizens out there to deter from such acts.

Often times, death by hanging is also used disproportionately against the poor, minorities and members of racial, ethnic, political and religious groups. This is not fair enough.

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Conclusion

The world is fast-evolving and more people are becoming activists of themselves, fighting for their rights in any way they can, even if what they’ve done is quite illegal. Those who have their way around it escape via illegal routes, while the poor are made to pay for the sins the rich has committed.

We have moved on from the traditional society, which is why death penalty should be abolished. We need a legal system that works freely and fairly, penalties for crime should be able to deter crimes and be binding upon any individual found guilty, regardless of the position.

Life is a gift. Thus, no one should just lose their life with no approaches to make things right or better.

Edited by Priscilla Ajayi.

About Author

Adeyemi Ezra: A content writer, copywriter and fictional author. I like to explore writing on lifestyle, entrepreneurship and many more with valuable and highly insightful contents that relates with prospects to educate and motivate.