As Nigeria celebrates its independence, it is essential to reflect on the principles that form the foundation of our nation, particularly justice. The death penalty, often regarded as the ultimate punishment for the gravest of crimes—murder, armed robbery, and treason—appears in theory to serve the cause of justice. Yet, the reality in Nigeria’s correctional facilities paints a different picture. More than 3,500 people, including 73 women, languish on death row, some for decades. This prolonged limbo, in my view, is not justice but torture.
How can we claim to deliver justice when convicts sentenced to death are forced to live in a cruel state of uncertainty, neither alive nor dead? Over 3,500 inmates remain on death row, many awaiting execution for more than ten years. I believe this situation directly contradicts Section 36(9) of the 1999 Constitution of the Federal Republic of Nigeria, which states that no person should be punished twice for the same crime. Yet, these prisoners face the daily torment of anticipating death, a psychological punishment that exceeds the court’s original sentence. Is this not a form of double jeopardy?
The lingering fate of these prisoners is not solely a failure of the courts but of the state’s leadership. Once a death sentence is passed, it falls upon governors to sign the death warrant. However, due to personal, political, or moral reasons, many governors refuse to do so, thus prolonging the suffering of those condemned. This raises the question: Is this what justice should look like?
Recent events, such as the prison escape in Borno, further highlight the deplorable conditions in Nigeria’s correctional facilities, especially for those on death row. Many of these prisons, built during the colonial era, are overcrowded and dilapidated. With over 77,000 inmates housed in our prisons, 69 per cent of whom are Awaiting Trial Inmates (ATIs), the system is under immense strain.
The Nigerian Correctional Service, overwhelmed by managing over 57,000 ATIs, struggles to provide even the most basic levels of dignity. How can we expect prisoners, particularly those awaiting death, to endure such conditions?
Section 33 of the 1999 Constitution states that the right to life may be revoked by a court sentence after conviction for a capital offense. However, leaving people on death row for years strips them of their right to dignity. Every day they wake up, unsure if it is their last. Is this justice, or has the sentence become an extension of punishment?
The death row phenomenon goes beyond legal theory—it is a humanitarian crisis. For individuals to wait years, sometimes decades, for execution is a form of psychological torment no court should impose. Senior advocates like Femi Falana and Ebun-Olu Adegboruwa have argued that if governors cannot carry out these sentences, perhaps it is time to abolish the death penalty.
As Adegboruwa notes, delayed execution becomes an act of cruelty. Shouldn’t these sentences be commuted to life imprisonment if they are not to be swiftly carried out? Justice, by its nature, must be decisive. If execution is delayed, justice falters, and punishment becomes torture.
In the end, justice must remain both fair and humane. The prolonged execution of a death sentence turns punishment into unnecessary torment, violating the core principles of justice. Crimes that warrant severe punishment deserve timely closure. Yet, when delays stretch for years, we risk subjecting individuals to an unbearable form of double punishment—mental and emotional suffering on top of their original sentence.
For the sake of human dignity and fairness, executions should either be carried out swiftly, or sentences should be commuted. This would align with the true principles of justice that we, as a nation, are bound to uphold.
As we celebrate Nigeria’s Independence, let us reflect on what true justice means for all, and work together to ensure that it is swift, fair, and compassionate. Only then can we build a nation that truly stands for freedom, dignity, and justice for every Nigerian.
Mujeebat Idris wrote from Crescent University, Abeokuta
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