Re Death Penalty; Adams Oshiomole; Guilty or not Guilty? By Onyeka Ehiwuogwu

Five armed men rob a family, brutally rape a 48 years old woman and her 3 daughters in the presence of the husband and brothers, kill the 12 years old girl who refuses to be raped, kill two dogs, and sticks a bottle into the private parts of one of the ladies. They go to the neighbour’s house and wreck a similar carnage but this time shoots the husband 5 times in the head and chest to ensure he's dead just because he says he'd rather die than watch his wife and daughters raped. Hmmm! Or even worst, a man shoots another in the bush dismembers his body parts and buries them in several places.

Religious fundamentalists attack a school; kill thirty innocent kids and teachers for no reason or provocation whatsoever. The only wrong those little angels committed was  going to school to learn how to help this nation out of its current doldrums.

In the past few weeks, the media, political and judicial world has been awash with news of the controversial signing by Governor Adams Oshiomole of death warrants and subsequent executions of some inmates on death row.

Without trying to hold brief for the Governor, I dare to state unequivocally that his act falls well within the bounds of the law and would hardly be proven to be unconstitutional.

Top on the list of blind critics is Amnesty Intentional. As a body whose stock in trade is "human right advocacy" and fighting against human right violations in the world over, I think I can relate to what they claim to stand for. But what I find quite disturbing about this group is their compulsive habit of delving, sometimes blindly into the smallest issues of perceived human right infringements without first appreciating the peculiar facts surrounding the case and distinguishing same. Such practice only reiterates the common practice of  most human right lawyers who like the proverbial hare, gets off the block first, but hardly makes it to the finish line due to poor appraisal of facts or better still  lack of 'feasibility study'.

The executions of Osaremwindia Aighuokhian ( whom the Supreme Court stated that he belonged to the Hades), Chima Ejifor, Richard Igagu and Daniel Nsofor were all legally founded and should not in any way be equated to the extra judicial killing of Ken Saro-Wiwa and other Ogoni sons by a blood thirsty Abacha junta .

Section 33(1) Of the 1999 Constitution of the Federal Republic of Nigeria clearly states that

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.

Other statutory provisions like Sections 49A, 319 and the Criminal Code Act and section 1(2) (a) and (b) of the Armed Robbery and Fire Arms Act still retains the legality of death sentences in Nigeria. Without prejudice to the campaign against capital punishments, it is apparent that until the much heralded call for the abolition of death penalty in Nigeria is heeded to by the legislature; it remains a valid and necessary part of our criminal law jurisprudence.

Let us now focus on the need or otherwise of retaining death penalty in Nigerian laws. The writer makes bold to state that he is firmly and most resolutely in support of capital punishment, but first let us consider certain factors; When a man becomes too vicious, deadly and extremely dangerous, to remain in the midst of other humans, what other treatment could there possibly be but to 'weed' the garden and completely extricate him from society? One would hastily suggest the life imprisonment and solitary confinement for such persons. But the truth still remains that things could change and such a convict could either be granted pardon or benefit from a jail break thus ‘returning the killer weed  back to the farm’- much to the detriment of innocent masses.

Moreso, the mere fact that America, UK and the Western world deems it fit to pass or abolish a law should not form a magical basis or reason why ours should follow suit. If we choose to change, it should be because Nigeria so desires and not   because she feels compelled in a bid to catch up with the rest of the world. Other factor should necessarily be considered before deciding on the need to so change. Factors such as poor prison conditions, shoddy security facilities, unreliable legal system, and an undemocratic setting where selections rather than elections hold sway must not be ignored.

For instance, after the embarrassing trial, conviction and shameful escape of ex Governor Diepreye Alamieseigha, he was seen as a national disgrace and one who should never hold any public office again. However, little had the dust settled after such shame when President Goodluck Jonathan controversially granted him pardon, thus preparing him for a relaunch back into the political arena of Nigeria. In the same vein, if he had been guilty of a capital offence, the President would still have had the powers to grant him pardon unless he had been made to serve the ultimate punishment- death!

The alarming increase in reported cases of jail breaks in Nigeria, clearly lays credence to the impracticability of merely imprisoning capital offenders, without completely putting a stop to their existence and totally checking the possibility of  their return to the society. One could only imagine how many murderers, armed robbers, and other deadly criminals on death row must have escaped from the recent jail break in Olokuta prisons, Akure, Ondo State.

It is not in dispute that the four 'executees'  in question were lawfully convicted by a competent Court. It is also not in dispute that each one of them appealed to the Supreme Court and their convictions were all upheld by the Apex Court. Having been so roundly convicted, the only legal option available to them is either the Governor's exercise of a prerogative of mercy or an endorsement of the death sentence by signing of the said death warrants. That said, it is hard to see how or where Governor Oshiomole erred in performing a duty conferred on him by law. Furthermore, rather than criticizing the Governor alone, other government officials ranging from the  legislators who enacted the laws , the President who consented to it, the Judge for sentencing them, the appellate Courts for upholding the sentences, the clergy who offered the last rites, to the hangman for carrying out his statutory duties should all be made to face the heat of a wolf cry . I wonder why the Governor alone would be singled out for so much vitriolic attack.

Come to think of it, why waste tax payers’ hard earned money on caring for and maintaining an inmate on death row for so many years when such funds could be put to more judicious use?!

In conclusion, as much as arguments against death penalty are welcome, it must be emphasized that it still remains a mere attempt and at best a campaign until it becomes part of our laws. Hence, any efforts towards condemning it should never be based on law, save for instances where there are clear violations. In the absence of such violations, anti- capital punishment crusaders should endeavor to base their arguments on sentiments, emotions and personal opinions but not on extant Nigerian laws. To that extent, the act of Governor Adams Oshiomole is legal, very legal and nothing else! 

PS: Let's not forget the fact that some inmates were also given the benefit of a prerogative of mercy and substantial funds to kick start themselves again.