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Sunday, June 23, 2013

Let governors sign death warrants

Worried that most state governors are shying away from signing death
warrants of criminals condemned to death by courts of competent
jurisdiction in the country, President Goodluck Jonathan recently
enjoined them to carry out the statutory responsibility.
Jonathan, who made the call at this year's Father's Day service held
at Aso Villa Chapel, Abuja, argued that the job governors were elected
to do has both the sweet and ugly parts. The signing of death warrants
is, undoubtedly, one of the ugly jobs that governors must do, no
matter how painful it might be. What the president has said is in
conformity with the Criminal Procedure Act operational in Southern
Nigeria.
It provides that governors should affirm death sentences of
condemnedcriminals before execution.
The Penal Code, which is operative in Northern Nigeria, also has a
similar provision. Since the law is very clear on the matter, there is
no reason the governors should not comply with it. It has been
reported that since 1999, only two state governors, former governor of
Kano State, Ibrahim Shekarau and incumbent governor of Edo State,
Adams Oshiomhole, have signed into law the death sentences passed by
the courts on some convicts.
Even at that, Oshiomhole's action was severely criticized by civil
society groups such as Amnesty International and the National Human
Rights Commission, which see capital punishment as outdated and
non-corrective. Available statistics indicate that about 970 prisoners
are on death row in the country.
The convicts, made up of 951 males and 19 females, are currently
languishing in the nation's prisons, awaiting execution. State by
state distribution of those on death row is as follows: Lagos 83;
Kaduna 79; Enugu 75; Kano 51; Katsina 43; Edo 35; Cross River 17; and
Jigawa 18. Others include Kebbi 13; Kwara 12; Federal Capital
Territory (FCT) 10; Niger 10; Ondo seven; Benue six; Sokoto six; Osun
five and Taraba four.
Having such a large number of prison inmates on death row is an
avoidable strain on prison resources such as accommodation, manpower
and food.Apart from causing prison congestion, the retention of this
calibre of criminals in the nation's prisons posesa danger to other
prison inmates whoare not yet hardened criminals.
The president is right in reminding the governors to perform this
onerous duty aimed at ridding the society of undesirable elements.
Sentiments and emotions should be waved aside in carrying out this
responsibility.
Governors should heed the president's injunction and sign the death
warrants of condemned criminals within their areas of jurisdiction so
that the law can take its full course.
Refusal to perform such lawful duties is a clog in the nation's
criminal justice system, which might impede the course of justice if
not nipped in the bud. No doubt, the governors' refusal to sign death
warrants has contributed to the increasing numberof prison inmates on
death row. State governors should also not allow religion or political
considerations to interfere with their statutory functions.
During the military era, military administrators did not hesitate to
sign death warrants when there is no more room for appeal by convicts.
To put the governors on their toes, it may be necessary to review
relevant laws to provide for a time frame within which they must sign
death warrants presented to them, or commute them to prison terms.
Laws are meant to be observed, and not mere decorative items.
The refusal of governors to sign deathwarrants of condemned criminals
maybe fueling willful murders and armed robbery in the country. If
armed robbers and those who kill willfully suffer death penalty as
provided for inour laws, it may deter others from toeing such ignoble
path.

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