Death warrants signed by the Governor of Edo State were sharply condemned
this week by the rights watchdog Amnesty International, who called it “a deep
disrespect for the judicial process” at a time when appeal proceedings for the
two convicted men were still underway.
The Governor of Edo State signed the execution warrants two weeks ago, after prison authorities informed him that the death row inmates were ‘becoming unmanageable.’ According to the Edo state Attorney General some death row inmates were involved in a recent jailbreak incident in Oko prison.
“Executing detainees as a method of controlling ‘unmanageable’ inmates is totally unacceptable – it is arbitrary and a violation of their right to life,” said Lucy Freeman, Amnesty International’s Deputy Programme Director for Africa. “Instead of executing prisoners, it is about time the Nigerian authorities address underlying problems in the criminal justice system.”
The Edo State Attorney General and Commissioner of Justice Osagie Obayuwana could not confirm when the executions would take place as he indicated the decision would be taken by the state prison authorities. The Governor of Oko prison in Benin city refused to confirm or deny when the executions would take place.
In March 2010, Nigerian NGO, Legal Defence and Advocacy Project filed an appeal on behalf of the then 840 inmates – including the two whose execution warrants were recently signed. An injunction was granted by the court upholding the appeal but it was lifted in April 2012. The organisation filed another appeal in April 2012 following the court's decision and the judgment on that appeal is pending.
The governor also reviewed the cases of four other prisoners. Tejanie Mustapha and one other man have had their sentences commuted to life imprisonment and two others, Calistus Ike and Monday Udo are to be released today.
According to the Edo state Attorney General, the two prisoners who are to be executed were convicted of murder. Under Nigeria’s penal laws the death penalty is mandatory for murder.
The last known executions in Nigeria were carried out in 2006, when at least seven men, all sentenced to death in Kano State, were hanged in Kaduna, Jos and Enugu prisons. According to the Office of the Federal Attorney General and Minister of Justice, there is now a moratorium on executions in Nigeria, however, he described the moratorium as ‘voluntary’.This latest attempt to resume executions follows an announcement by state governors in June 2011 that they would review all cases of death row inmates and sign off executions as a means of decongesting the country’s prisons.“The decision to sign a death warrant on these two prisoners shows a deep disrespect for the judicial process as the inmates are part of an ongoing appeal,” Lucy. “The execution of a prisoner when their death sentence is still under challenge in the courts is a flagrant violation of human rights.”
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