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50 NIGERIA ‘WAITING FOR THE HANGMAN’ possibly more. 178 Amnesty International and LEDAP fear more prisoners may have been executed following flawed processes. Between May 1999 and April 2008, at least 410 people were sentenced to death. Politicians appear reluctant to take responsibility for this loss of life at the hands of the state. In interviews with Amnesty International and LEDAP, the federal authorities passed the buck to the state authorities and vice versa. While in private some state officials say they do not support capital punishment and that their governors refrain from signing death warrants, few politicians support the abolition of the death penalty in public. In interviews conducted by Amnesty International and LEDAP, it was clear that few politicians wished to be associated with a pro-abolition position, for fear of unpopularity with an electorate that erroneously believes that executions address the problem of crime. In recent years, the debate around capital punishment in Nigeria has focused on the high crime rate and the religious justifications for execution. The debate has taken place despite the evidence that retention of the death penalty has not reduced armed robbery and murder rates. Between 1970 and 1999, more than 2,600 death row prisoners were executed, but the crime rate did not decrease. Moreover, the death penalty is used as a distraction from the real issue: addressing the underlying factors that lead to violent crime. Judicial killings brutalize society and violate the right to life. Moreover, they risk the execution of the innocent. Short of an act of war, the taking of a human life is possibly the most violent act a government can undertake. Execution after a criminal justice process that is flawed and unfair is a violation of the right to life. It is therefore unacceptable for the Nigerian federal and state authorities to continue to ignore the recommendations of their own study groups, Nigerian NGOs, and other international organizations. The Nigerian authorities must urgently reconsider their stand on judicial executions. By declaring a moratorium on executions, the Federal Government of Nigeria would show clear leadership on this issue. A moratorium requires a commitment by the Nigerian authorities not to carry out executions, regardless of whether death sentences continue to be passed. It would eliminate the risk of executing the innocent and prisoners who have not yet had their sentence confirmed by the Supreme Court. Once a moratorium is in place, the Nigerian government should follow the example of the majority of the world’s nations and take steps to abolish the death penalty. If a vigorous public education campaign doesn’t explain why the death penalty is never justifiable, there will always be opposition to ending capital punishment, but this should not stop political leaders from doing what is right. Politicians will need to develop a comprehensive approach to crime and explain how the crime situation will be addressed. Advocating executions provides a soundbite answer to a complicated question. Use of the death penalty gives the authorities the appearance of taking decisive and strong action against criminality but that is all it is, an appearance. Public opinion cannot be used as a justification for the violation of human rights. Amnesty International October 2008 Index: AFR 44/020/2008
NIGERIA ‘WAITING FOR THE HANGMAN’ 51 Article 33(1) of the Nigerian Constitution allows judicial executions but there is no provision making the death penalty mandatory for specific crimes. The Constitution does not require Nigeria to execute. Under federal and state penal legislation, the death penalty is mandatory for treason, homicide, murder, culpable homicide and armed robbery. Under the Shari’a penal codes, the death penalty is also mandatory for rape, sodomy and adultery. Amending penal legislation is within the power of the states. 179 Amnesty International and LEDAP urge the state authorities to amend their penal legislation and abolish the death penalty. At the very least, the state authorities should first of all take steps to ensure that death sentences are not imposed in a manner that violates international human rights law and standards and should remove the mandatory death sentence. © Amnesty International Disused execution posts outside Kirikiri prison, Lagos: a reminder of the past. Index: AFR 44/020/2008 Amnesty International October 2008
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