- Victims of capital offences, loved ones feel pangs of injustice
- Death sentence on paper, never in reality, say lawyers, activists
- Prolonged wait for execution fuels erratic behaviour among condemned inmates – NCoS
The National Assembly has been urged to come up with a law that would make it punishable for any governor who refuses to sign death warrants for inmates on death row.
According to the canvassers of this demand, judgment of the law courts on capital punishment has been trivialized for too long by state governors who refused to sign execution orders, thus giving impression that condemned criminals may never get hanged while victims of capital offences and their loved ones continue to feel pangs of injustice.
This call was made by security experts, human rights activists and lawyers, in their separate interviews with THE POINT following recent death sentences handed down by some courts across the country.
A former Director of the Department of State Services, Akin Adeyi, said unless the National Assembly amends the section of the law that gives governors the power to sign death warrants to carry punishments should they fail to approve execution, court judgments might only end up in paper and never in reality.
The security expert explained that it might be difficult for the country to win its war against insecurity and criminalities if there is no severe punishment for convicted offenders.
He said it is better to grant those on death row pardon, rather than keeping them without execution.
After all, according to him, many convicted terrorists and insurgents have been granted amnesty, noting that it would only amount to wasting state resources if hardened criminals are incarcerated for many years after courts have passed down the death penalty on them.
“I think it is a kind of unwritten agreement among our governors, they are no longer signing the execution order. Most of them just come to the office, go, without touching those files. So, if Nigerian lawmakers scrap the death sentence, let them sit down and do it so that we know that, okay, no matter how grievous an offence is, it will not attract the death penalty in Nigeria. So, if our lawmakers will have to review our laws, I think this is the time to do it and they should let us know and if they want to affirm it, they should make another law that will make it punishable for any governor who refuses to sign death warrant; because, now, there is no law binding the governor to sign or not to sign the execution order and that is why we are having those people that have been condemned to death and are still alive after 30 to 40 years that the court has condemned them.
“Unknown to all these governors, by refusing to sign execution orders of condemned criminals; they have rendered the orders of the court impotent.”
“I think the lawmakers should make provision for law to take care of the laxity or negligence of governors, that if you as a governor fail to do this at this time, this is what will happen to you. By that, the governors will have their conscience clearly cleared by acting on a point of duty. And if they want to grant clemency to them, let them allow them to go. After all, the Boko Haramists that have killed several thousand will still go to court and get pardoned by these governors. So, why won’t they pardon all those people that are sentenced to death? Those who killed and we know that they killed several people, they are being pardoned by this same governor. But the National Assembly can take care of these governors with relevant laws that will reflect a dereliction of duty if you don’t sign,” he stated.
Another security expert, Lekan Jackson, regretted that capital punishment has not been able to deter criminals because sincere and full justice has not been carried out as regards refusal of state governors in signing death warrants.
Daily, he claimed that many people are being encouraged to take up criminalities because of the defects in the nation’s criminal justice system and the manner at which relevant stakeholders approach it.
“They say in a country or state where there is no law, criminalities will reign supreme and if there is a law and there is no deterrence, criminalities will reign supreme. Now, there is law in Nigeria but when there is law and there is no punishment for any offender, what do you have? So, there is no deterrent and when there is no deterrent, definitely, you will encourage others to do it. If somebody killed somebody, even the Bible says whosoever that kills by the sword, should die by the sword. There is what is called capital punishment anywhere in the world. But, while they agree in the western world that there won’t be capital punishment, particularly by the American and the Britain is that if there is anybody that commits such a crime, they will make sure they deradecalise the person and whatever that might have led the person to commit such a crime will never happen again.
“Unknown to all these governors, by refusing to sign execution orders of condemned criminals, they have rendered the orders of the court impotent. Anybody can go about committing crime because they know at the end of the day, no matter what the court says, nobody is going to sign it to law. It is an encouragement for continuous criminality in this country,” he said.
A human rights lawyer, Tosan Omatseyin, opined that Nigeria is gradually turning into a terrorism hub because capital punishment has been abandoned.
According to him, “Even when kidnapping has been added to capital offences and one that attracts capital punishment, it has not served as deterrence to criminals. Kidnapping in Nigeria has almost become an industry today. So, capital punishment as deterrence, I don’t think it has had any effect in preventing crimes.”
Arguing from a morality point of view and why governors might have been foot dragging on approving execution orders, he posited, “I should say that the argument against death penalty is one that has its footing in morality. The truth is that even the religious sects that most of us attune to, the Bible, the Quran, all actually recommend the death penalty on some level. Given that the religion also supports the death penalty on certain levels, what we are lacking is strict adherence to rule of law.”
Another legal practitioner, Albert Akinwale, remarked that the failure of governors to sign death warrants has further plunged families of victims into misery, saying family members may not feel safe knowing that the killers of their loved ones are still alive.
“Where the problem emanates from is the part of the constitution that gives governors the power to sign warrants before condemned criminals are executed, not the fault of the court that has already passed the judgment. If someone has been confirmed to be a hardened criminal, our governors should ensure they sign the warrant.
“Their refusal to sign is not helping the deceased family members. It is only the relations of the condemned criminal that is benefiting from the governor’s refusal to sign and these family members might be working on how to secure pardon for the affected inmate. It is now telling on the society because insecurity and criminalities are now rampant,” he indicated.
Weighing on the issue, former Senator Shehu Sani captured the irony, saying, “Most governors are reluctant to sign the execution order either for political, spiritual, or human rights reasons… The burden is left to the prison staff to manage condemned inmates, until when their sentences are commuted to life imprisonment.”
Prolonged wait for execution fuels erratic behaviour among condemned inmates – NCoS
The spokesperson for the NCoS, Umar Abubakar, emphasised the severe impact of the delay on the correctional system.
He noted that the continued presence of death row inmates not only affects prison capacity but also poses psychological and management challenges for correctional officers.
“The psychological and emotional toll on inmates awaiting execution is tremendous. Many of them enter correctional facilities deeply traumatised after receiving the death sentence,” Abubakar said.
He further explained that the prolonged wait for execution fuels erratic and unpredictable behaviour among condemned inmates, complicating their management and rehabilitation.
Abubakar likened the condition of these inmates to that of “wild animals,” driven by despair and uncertainty as they await their fate.
Despite these difficulties, he assured that the NCoS remained committed to providing care, with professional psychologists, welfare officers, and behavioural therapists working to rehabilitate and manage these individuals.
“While the delay in executing death sentences places an additional burden on our resources, we are equipped to manage the situation professionally,” he stated.
He added that through reformatory and rehabilitation programmes, some death row inmates have shown improvement and become more functional during their extended stay in correctional facilities.
However, he acknowledged that without decisive action from state governors, the strain on prison resources would continue to worsen, making the management of correctional facilities even more challenging.
The Nigerian Correctional Service has also refuted allegations of poor feeding of inmates in custodial centres across the country.
The NCoS refuted the allegations in a statement by its spokesman, Umar Abubakar, on Sunday in Abuja. The agency described the claims as false and misleading.
The NCoS said it operates under strict guidelines as provided by the Nigerian Correctional Service Act, 2019, which mandates the provision of adequate nutrition, healthcare, and general welfare for all inmates.
It stated that inmates are provided with meals that meet the nutritional requirements recommended by health professionals and monitored routinely by the ration committee set up by the Controller General of Corrections.
The statement added that in response to current economic realities and rising inflation, the Federal Government of Nigeria has recently approved an increase in the daily feeding allowance for inmates in custodial centres from the previous rate to N1, 125 per inmate per day.
The agency reiterated that the adjustment is aimed at ensuring that inmates receive adequate and nutritious meals in line with acceptable welfare standards.
“The increment reflects the government’s commitment to the humane treatment of persons in custody and the broader reforms being implemented within the Nigerian Correctional Service to uphold dignity, human rights and international best practices.
“Without decisive action from state governors, the strain on prison resources would continue to worsen, making the management of correctional facilities even more challenging.”
“Furthermore, the feeding of inmates is not conducted in secrecy as several independent oversight bodies, including the Ministry of Interior, civil society groups, and international partners, periodically assess the conditions in our custodial centres. None of their recent reports support the dehumanizing portrayal circulated by certain individuals or interest groups about the welfare of inmates.
“The general public is assured that the Service remains committed to upholding the rights and dignity of all inmates in line with international best practices,” the statement said.
The NCoS called on the public and the media to verify information before dissemination and avoid sensationalism that undermines the hard work of its personnel as well as the integrity of the Service.
CONDEMNED CRIMINALS
An Ogun State High Court sitting in Kobape, Abeokuta, the state capital, on Monday, February 3, 2025, sentenced Lekan Adekanbi, Ahmed Odetola, and Waheed Adeniyi to death by hanging for the murder of Kehinde Fatinoye, his wife, Bukola Fatinoye, and their son, Oreoluwa, on January 1, 2023.
The couple was attacked at their Ibara GRA residence shortly after returning from a crossover service.
Led by their driver, Adekanbi, the assailants invaded their home at about 2am, killing them before setting the house and their bodies on fire.
They also tied up their son, Oreoluwa, and an adopted son before throwing them into the Ogun River.
The Federal Capital Territory High Court in Abuja on April 28, 2025, sentenced Peter Nwachukwu, the husband of late gospel singer Osinachi Nwachukwu, to death by hanging for culpable homicide.
Justice Njideka Nwosu-Iheme handed down the sentence, dismissing Nwachukwu’s no-case submission and holding him responsible for the tragic death of his wife in April 2022.
The next day, April 29, a statement issued by Lieutenant Colonel Jonah Unuakhalu, Acting Deputy Director of Public Relations for the 82 Division of the Nigerian Army in Enugu disclosed that a General Court Martial convened at the barracks, sentenced a young soldier, Private Adamu Mohammed, to death by hanging for the gruesome murder of his girlfriend, Hauwa Ali.
The tragic incident occurred on April 11, 2024, within the supposedly secure confines of the Enugu Army barracks.
According to Unuakhalu, the Court Martial’s decision followed a rigorous trial process, adding that the court, composed of 11 senior military officers, found Private Mohammed guilty of murder under Section 106(a) of the Armed Forces Act.
“The judgment was unanimous,” said Brigadier General Sadisu Buhari, President of the Court.
“Despite the mitigating pleas and the soldier’s service record, justice for the deceased and the need to uphold the moral fabric of society could not be ignored.”
On Friday, May 2, Justice Sherifat Sonaike of a Lagos State High Court sitting at Tafawa Balewa Square convicted and sentenced a Bus Rapid Transit driver, Andrew Ominikoron, to death by hanging for the murder of Oluwabamise Ayanwola.
These condemned criminals have joined the over 3,600 inmates who have remained on death row across custodial centres in the country.