Capital punishment in Nigeria

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Capital punishment is a legal penalty in Nigeria. [1]

Contents

Justification

The 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

The methods of executions include hanging, firing squad, stoning, and since 2015, lethal injection. [6]

History

During 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

Since 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

Further reading

Related Research Articles

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Capital punishment, also called the death penalty, is the state-sanctioned killing of a person as a punishment for a crime. It has historically been used in almost every part of the world. Since the mid-19th century many countries have abolished or discontinued the practice. In 2022, the five countries that executed the most people were, in descending order, China, Iran, Saudi Arabia, Egypt, and the United States.

<span class="mw-page-title-main">Capital punishment in Singapore</span>

Capital punishment in Singapore is a legal penalty. Executions in Singapore are carried out by long drop hanging, and usually take place at dawn. Thirty-three offences—including murder, drug trafficking, terrorism, use of firearms and kidnapping—warrant the death penalty under Singapore law.

<span class="mw-page-title-main">Capital punishment in Japan</span>

Capital punishment is a legal penalty in Japan. The Penal Code of Japan and several laws list 14 capital crimes. In practice, though, it is applied only for aggravated murder. Executions are carried out by long drop hanging, and take place at one of the seven execution chambers located in major cities across the country. The only crime punishable by a mandatory death sentence is instigation of foreign aggression.

Capital punishment is a legal penalty in Iran. The list of crimes punishable by death includes murder; rape; child molestation; homosexuality; drug trafficking; armed robbery; kidnapping; terrorism; burglary; incest; fornication; adultery; sodomy; sexual misconduct; prostitution; plotting to overthrow the Islamic government; political dissidence; sabotage; arson; rebellion; apostasy; blasphemy; extortion; counterfeiting; smuggling; recidivist consumption of alcohol; producing or preparing food, drink, cosmetics, or sanitary items that lead to death when consumed or used; producing and publishing pornography; using pornographic materials to solicit sex; capital perjury; recidivist theft; certain military offences ; "waging war against God"; "spreading corruption on Earth"; espionage; and treason. Iran carried out at least 977 executions in 2015, at least 567 executions in 2016, and at least 507 executions in 2017. In 2018 there were at least 249 executions, at least 273 in 2019, at least 246 in 2020, at least 290 in 2021, at least 553 in 2022, at least 834 in 2023, and at least 226 so far in 2024. In 2023, Iran was responsible for 74% of all recorded executions in the world.

Capital punishment is a legal penalty in Pakistan. Although there have been numerous amendments to the Constitution, there is yet to be a provision prohibiting the death penalty as a punitive remedy.

Capital punishment in Malaysia is used as a penalty within it's legal system for various crimes. There are currently 27 capital crimes in Malaysia, including murder, drug trafficking, treason, acts of terrorism, waging war against the Yang di-Pertuan Agong, and, since 2003, rape resulting in death, or the rape of a child. Executions are carried out by hanging. Capital punishment was mandatory for 11 crimes for many years. In October 2018, the government imposed a moratorium on all executions with a view to repeal the death penalty altogether, before it changed its stance and agreed to keep the death penalty but would make it discretionary.

<span class="mw-page-title-main">Stoning</span> Method of capital punishment

Stoning, or lapidation, is a method of capital punishment where a group throws stones at a person until the subject dies from blunt trauma. It has been attested as a form of punishment for grave misdeeds since ancient times.

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Capital punishment is a legal criminal penalty in Somalia, a nation in East Africa. Legally sanctioned executions of the death penalty in Somalia are carried out by shooting, in accordance with the 1962 Somali Penal Code and the Military Penal Code. Sharia and Islamic tribunals are recognised in Somalia in parallel with the civil law: these would have the authority to order execution by other means, such as beheading and stoning. Since at least the start of the 21st century, all executions by such methods have been applied ad-hoc, without official sanction, by non-state insurgent militias, in the context of an unstable government, and the ongoing civil war in the country. A number of these extrajudicial executions have violated sharia legal principles and appear to have a conflict-related tactical aim of inciting fear amongst civilians. Both officially sanctioned and extrajudicial executions by firing squad often occur in public.

Capital punishment is a legal penalty in Vietnam for a variety of crimes.

Being involved in the illegal drug trade in certain countries, which may include illegally importing, exporting, selling or possession of significant amounts of drugs, constitutes a capital offence and may result in capital punishment for drug trafficking, or possession assumed to be for drug trafficking. There are also extrajudicial executions of suspected drug users and traffickers in at least 2 countries without drug death penalties by law: Mexico and Philippines.

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Capital punishment is a legal penalty in Jordan. The country had a moratorium on capital punishment between 2006 and 2014. In late 2014 the moratorium was lifted and 11 people were executed. Two more executions followed in 2015, 15 executions took place in 2017 and one in 2021. The method of execution is hanging, although shooting was previously the sole method for carrying out executions.

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Capital punishment has been a legal penalty in Kenya since before its independence, and continues to be so under Kenyan law. No executions have been carried out in Kenya since 1987, when Hezekiah Ochuka and Pancras Oteyo Okumu, leaders of the 1982 coup d'état attempt, were hanged for treason.

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Capital punishment is a legal penalty in South Sudan. It is covered under the Penal Code Act of South Sudan and allows for executions of individuals in the event of convictions for numerous crimes, including murder and terrorism. The sentences can be imposed by either civilian courts or the military. Between 2011 and 2018, at least 140 people have been put to death in South Sudan with hundreds more awaiting their sentence on death row, though due to a lack of reporting within the country exact numbers remain unknown. The country has faced criticism from international rights groups and multinational organizations for its use of capital punishment on juveniles. Not a party to the Second Optional Protocol to the International Covenant on Civil and Political Rights, South Sudan remains one of sub-Saharan Africa's largest users of the death penalty.

Capital punishment is a legal penalty in the Comoros. Currently, however, the country has a de facto moratorium in place; although the death penalty remains in the nation's penal code, it has not been used since the 1990s.

Capital punishment in Burkina Faso has been abolished. In late May 2018, the National Assembly of Burkina Faso adopted a new penal code that omitted the death penalty as a sentencing option, thereby abolishing the death penalty for all crimes.

References

  1. Adeyemi, Ayodeji (4 December 2013). "Waiting endlessly on Nigeria's death row". Al Jazeera . Retrieved 11 August 2015.
  2. 1 2 "Death penalty: You cannot decide for Nigeria – FG carpets Amnesty International". dailypost.ng. Retrieved 21 August 2017.
  3. https://www.biicl.org/files/2160_basic_country_report_nigeria.pdf [ bare URL PDF ]
  4. https://www.biicl.org/files/2160_basic_country_report_nigeria.pdf [ bare URL PDF ]
  5. Ondo State of Nigeria Official Gazette, Law No. 2 of 2016, Administration of Criminal Justice Law 2015. Akure: Ondo State Government. 2016.
  6. Nwachukwu, J.B. (April 26, 2017). "Death penalty in Nigeria: Constitutional but unconventional". Business Day . Archived from the original on April 26, 2017.
  7. "Nigeria's Military Leaders Hang Playwright and 8 Other Activists". Deseret News . 11 November 1995. Archived from the original on July 27, 2014.
  8. Hirsch, Afua (2013-06-25). "Nigeria hangs four prisoners". The Guardian. ISSN   0261-3077 . Retrieved 2020-05-08.
  9. "Politics this week". The Economist, page 8. 29 June 2013. Retrieved 31 January 2018.
  10. "Death sentences and executions in 2016". amnesty.org. Retrieved August 21, 2017.
  11. "Nigerian soldiers given death penalty for mutiny". BBC News . 17 December 2014. Retrieved 11 August 2015.
  12. Nnochiri, Ikechukwu (22 December 2014). "Alleged mutiny: Hon flays secret trial, conviction of soldiers". Vanguard (Nigeria). Retrieved 31 January 2018.
  13. "Dons disagree on abolition of death penalty in Nigeria". Premium Times . 19 July 2012. Retrieved 11 August 2015.
  14. "Uduaghan Pardons 77-year-old On Death Row". Information Nigeria. 7 October 2014. Retrieved 11 August 2015.
  15. 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.
  16. https://www.amnesty.org/fr/wp-content/uploads/2021/06/afr440372009en.pdf [ bare URL PDF ]
  17. "Rights Group: Nigeria Recorded More Than 800 Extrajudicial Executions in 3 Years". Voice of America. 2023-10-23. Retrieved 2024-07-10.

Further reading