No fewer than 37 inmates sentenced to death in Bauchi State remain in limbo, waiting for their executions to be approved, as state governors continue to withhold signatures on death warrants.
The Public Relations Officer of the Nigerian Correctional Service (NCoS) in Bauchi, Mr Ahmed Tata, disclosed that among the condemned inmates are 36 men and one woman, all convicted for capital offences.
Speaking in an interview on Tuesday, Tata noted that since the return to democratic governance in 1999, no elected governor of the state has signed a death warrant. He acknowledged that such approvals may have occurred under military regimes.
The issue has sparked reactions from legal practitioners and civil society advocates, who argue that justice is being compromised.
Prominent legal expert, Jubrin S. Jubrin, said that while culture and geography play roles in governance decisions, the delay in executing final judgments may be undermining the judicial system.
“The governors must make sure that once the court has sentenced somebody to death and he has exhausted the chances of appeal, the sentence should be executed,” he stressed.
Jubrin also emphasized the importance of the Attorney General in offering advice to the governor on such matters, highlighting the complexities that arise when legal processes remain incomplete.
“Why not just forgive them if the governor wants to? Or if he is committing to the execution, it should be done once and for all,” he added.
Meanwhile, Garba Jinjiri, Chairman of the Network for Civil Society Organisations in Bauchi, argued that the irreversible nature of execution might be a key reason for hesitation by governors.
He explained, “If a mistake is later discovered, like a wrongful conviction, it cannot be corrected after execution.”
Jinjiri also pointed out that pending appeals or decisions from higher courts and personal or ethical opposition to capital punishment may influence a governor’s decision.
Adding a political dimension to the discussion, Dr Muhammad Reza, a political analyst based in Jigawa, said the structure of Nigeria’s democratic constitution complicates the death penalty process. He claimed governors fear losing foreign donor support due to perceived human rights violations.
“What they fail to realise is that this reluctance has contributed to a steady rise in criminality across the country since 1999. There is a growing argument that justice should be proportional, just tit for tat,” Reza stated.
okay.ng reports that another legal analyst, Hassan Muhammed, referenced Section 212 of the 1999 Constitution, noting that governors hold the power to pardon, reduce sentences, or enforce execution. However, moral and political pressures often hinder action.
“The governor must personally approve the execution of a condemned inmate, thus placing a heavy legal and moral responsibility on the individual,” Muhammed explained.
He also raised concerns about wrongful convictions, citing Nigeria’s flawed legal processes and inadequate access to quality legal representation.
Yusuf Abubakar, another commentator, attributed gubernatorial reluctance to growing global campaigns against the death penalty, which paint capital punishment as archaic and inhumane.
Abubakar concluded, “A governor who is morally or religiously opposed to capital punishment may decline to sign death warrants, regardless of the law.”