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6 NIGERIA ‘WAITING FOR THE HANGMAN’ is a member of the National Coalition on the Abolition of the Death Penalty in Nigeria and of the Nigerian Death Penalty Group, made up of NGOs working together to abolish the death penalty in Nigeria. In total, Amnesty International and LEDAP researchers spoke in private with 74 death row inmates, including seven women. In addition, the researchers spoke with 13 former death row inmates. The researchers also interviewed about 120 detainees awaiting trial for capital offences. This report is based on the testimonies of death row prisoners and former prisoners, and on interviews with relevant officials and NGOs. To respect the confidentiality of the prisoners concerned, Amnesty International and LEDAP have in most cases of serving death row prisoners not used real names. POPULATION ON DEATH ROW Numbers on death row: As of February 2008, 725 men and 11 women. Age at time of crime: At least 40 prisoners were under 18. Age at time of death sentence: 3 per cent under 18; 79 per cent between 18 and 40; 15 per cent between 40 and 60; 3 per cent older than 60. Criminal conviction: about 53 per cent were convicted of murder, 38 per cent were convicted of armed robbery and 9 per cent were convicted of robbery. Year of death sentence: At least 135 prisoners were sentenced before 1999; at least 444 after 1999. In 2005 alone more than 100 people were sentenced to death. Current age: 63 per cent between 20 and 40; 27 per cent between 40 and 60; 8 per cent over 60. Five men are more than 80 years old, one of whom is 90. Years on death row: One prisoner has spent 24 years on death row; 35 have spent more than 15 years, of whom 7 have been on death row for more than 20 years. Appeal: 47 per cent are waiting for their appeal to be concluded; 41 per cent have never filed an appeal. The Supreme Court has confirmed the sentence of 12 per cent of death row prisoners. Duration of appeal: 25 per cent of prisoners’ appeals have lasted more than 5 years; 6 per cent of death row prisoners with appeals outstanding have waited for more than 20 years. State of conviction: most prisoners were convicted in Imo (56), Ogun (52) and Oyo (49) States. Amnesty International October 2008 Index: AFR 44/020/2008
NIGERIA ‘WAITING FOR THE HANGMAN’ 7 TIME TO END THE DEATH PENALTY IN LAW AND PRACTICE “The call for an official moratorium on all executions is borne out of the conviction that the Federal Government can no longer ignore the systemic problems that long have existed in the criminal justice system.” National Study Group on Death Penalty, 2004 In Nigeria, two expert groups set up by former President Obasanjo – the National Study Group on Death Penalty and the Presidential Commission on Reform of the Administration of Justice – both recommended a moratorium on executions. In November 2003, President Obasanjo initiated a parliamentary discussion on the issue of the death penalty and inaugurated the National Study Group on Death Penalty. The National Study Group stated in 2004 that “a system that would take a life must first give justice” and in 2007, the Chair of the Presidential Commission reiterated this conclusion saying “the call for an official moratorium on all executions is borne out of the conviction that the Federal Government and indeed State Governments can no longer ignore the systemic problems that have long existed in our criminal justice system. These problems have been exacerbated by limited funding of criminal justice agencies, inadequate training of personnel and inadequate legal aid scheme.” Both commissions highlighted the fact that inmates on death row were “almost exclusively poor and without legal representation.” 3 A momentum is gathering to end capital punishment around the world: in 1977, just 16 countries had abolished the death penalty for all crimes. Today, that figure stands at 91. Eleven other countries have abolished the death penalty for ordinary crimes and retain the death penalty only for exceptional crimes such as those committed in wartime. A further 35 countries can be considered abolitionist in practice, as they have not carried out an execution for at least 10 years or have made an international commitment not to use the death penalty. This brings the total number of countries that have abolished the death penalty in law or practice to 137 out of 192 UN member states. Over the past decade more than three countries a year on average have abolished the death penalty in law or – having abolished it for ordinary crimes – have taken the further step to abolish it for all crimes. Moreover, once abolished, the death penalty is seldom reintroduced. This trend can be seen in all regions in the world. Africa is largely free of executions, with only seven of the Africa Union’s 53 member states known to have carried out executions in 2007. According to Amnesty International’s information, 13 countries in Africa 4 are abolitionist in law and a further 22 are abolitionist in practice. 5 Amnesty International and LEDAP oppose the death penalty in all cases, regardless of the nature of the crime, the characteristics of the offender, or the method used by the state to kill the prisoner. The state’s attempts to address social problems and criminality by using the death penalty inevitably lead to inconsistencies and errors, inescapable flaws which are exacerbated Index: AFR 44/020/2008 Amnesty International October 2008
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WHETHER IN A HIGH-PROFILE CONFLICT
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