“There is no doubt that over the past fifty years a global trend has emerged towards the
abolition of the death penalty.”1 Spread over the world including to some African
countries, many scholars and advocates find the death penalty a violation of the
international human rights standards.2
This paper reviews the arguments for that position as applied to international instruments
adopted by Nigeria, as well as provisions of the Nigerian constitution that support the
implementation of the death penalty. The paper, however, goes on to critically appraise
flaws that riddle the Nigerian judicial system regarding the imposition of capital
punishment. Even if one rejects the argument of the death penalty as a violation of
international human rights standards per se, egregious flaws, like those reviewed in this
paper, render the Nigerian death penalty, as applied, to be a violation of human rights
standards. The paper also emphasizes the importance of a consistent standard for crimes,
punishment, and administration of the criminal justice system throughout the country,
standards that should be founded on the rule of law as against the rule of might, wits or
opportunism.
Part I provides background on Nigeria, its legal system, and death penalty laws to assist
the reader in assessing the flaws in death penalty administration identified in Part III.
This Part also considers the parts of the Constitution of the Federal Republic of Nigeria
emphasizing right to life and respect for the dignity of person, which support an argument
against the death penalty as well as language that authorizes it. Part I closes with
evidence from Nigeria and elsewhere contradicting the deterrence rationale used in
Nigeria and elsewhere to justify the death penalty.
Part II reviews how international law increasingly recognizes not only that particular
ways of administering the death penalty are a violation of international norms, but also
that the imposition of the death penalty itself constitutes a human rights violation. I
consider this body of international human rights law against the law and practices of
Nigeria.
Part III reviews a number of examples of the flaws that riddle the Nigerian legal system.
Part IV concludes that Nigeria should re-examine her policies on death penalty.