Some government officials and experts say convicts on death row in Niger and Kogi are yet to be executed because many of the cases are still on appeal at either the Court of Appeal or Supreme Court.
The officials, in a special survey conducted by the News Agency of Nigeria (NAN) on Wednesday, also identified fear of miscarriage of justice, welfare of citizens and other considerations as responsible for the high number of convicts on death row.
The Niger Commissioner for Justice and Attorney General, Malam Nasiru Mua’zu, told NAN that some governors have refused to sign death warrants because a high percentage of convicted cases are still on appeal.
“In Niger, 85 per cent of the 100 per cent of those sentenced to death are on appeal,” he said.
Mua’zu noted that appeals on cases of people convicted could take between 10 years and 20 years.
He said that the appeal process involved multiple stages, including the Court of Appeal and the Supreme Court.
He stressed the importance of caution in death sentence cases in order not to execute somebody whose case was on appeal.
“This is the primary reason for the delays in executing death sentences as most convicts on death row in the state are still awaiting the outcome of their appeals.
“In Niger, over 85 per cent of people on death warrants are on appeal,” the commissioner said.
Gov. Ahmed Ododo of Kogi said that signing a death warrant might result in mistakes and regrets given the fact that sometimes there are miscarriages of justice by the law courts.
Ododo, who spoke through the state’s Attorney General and Commissioner for Justice, Mr Muiz Yinus-Abdullahi (SAN), said there had been situations where some individuals were wrongly sentenced to death.
“It is more safe and wise not to rush into signing death warrants because, after some years, some of the inmates on death row were found to be innocent of the crime they were accused of and sentenced to death.
“Therefore, it’s wise to wait and not rush into signing any death warrant. Again, since 1999 I have not heard of any state governor that has signed any death warrant.
“If I can recall, such was only happening during the military rule and not during democratic rule.
“Unfortunately, such inmates on death row are citizens of Kogi. So, it will be awkward as the chief custodian of the people.
“The people will say that I am assenting to their death instead of ensuring their wellbeing in spite of the crimes against the state,” Ododo said.
According to him, the Federal Government should consider amending the Criminal Justice law, or the constitution to change the death sentence to life imprisonment.
Source; Vanguard News
