Signing of Execution Warrants for Criminals in Nigeria: My Take

By Hezekiah Olujobi

The Ogun State Government has announced that it is considering signing the death warrants of condemned criminals sentenced by competent courts to serve as a deterrent to those who may want to commit heinous crimes in the state.

The Attorney General and Commissioner for Justice, Mr. Oluwasina Ogungbade (SAN), made this known on Friday after inspecting inmates and facilities at the Correctional Centre in Ibara, Abeokuta. In reaction to the publication of yesterday’s report on the visit of the Attorney General of Ogun State and Commissioner for Justice, Mr. Oluwasina Ogungbade (SAN), regarding the State Governor’s move to sign execution warrants for inmates guilty of capital offenses, my take is both affirmative and cautionary.

Yes, if there is sufficient and overwhelming evidence that an individual is guilty of a crime, they should face the consequences. The suspension of the death penalty occurred in 1999 after the establishment of a democratic government in Nigeria. However, before the abolition of the death sentence, there were instances of many innocent people who were executed in Nigeria. Unfortunately, there is no record of innocence because nobody is looking in that direction.

During the period of executions, crime rates increased, and at every point, the Nigerian government has launched attacks to combat crime. Each time an initiative is launched, innocent people often suffer as a result. We can see that firing squads did not stop crime. If we reflect on the common crimes that attracted firing squads in the past, we can agree that there was a time when bank robbery was rampant in Nigeria. Can you tell me when you last heard of a bank robbery? The reason bank robbery has diminished is due to technology that makes it difficult for criminals to penetrate banks and access money.

There was also a time when highway robbery was rampant, with criminals using various tactics to rob victims, which claimed many lives. After the government launched attacks against these criminals, the incidents decreased. Why is it that highway robbery is not as prevalent as before? It is because of improved road conditions. Highway robbery can only take place on poorly maintained roads. While it has not been completely eradicated, it has certainly reduced.

Due to the high rate of crime, the government has launched various anti-robbery squads. However, we can see that the more these responses are implemented, the more robbery incidents seem to increase. Have you ever asked yourself why crime is on the rise? Crime is increasing in various dimensions because of societal changes. People commit crimes to survive and to remain relevant. Many individuals have developed means of survival through kidnapping, ritual killings, and internet fraud, which pose a threat to human life. We claim that the law exists, but the existing laws seem ineffective, as crime continues to rise. So, what should the government do next?

It is the duty of the government to protect its citizens, but we see that these criminals are becoming a greater threat to society. Prisons, particularly those housing death row inmates, are overcrowded and inhumane.

Unfortunately, I was not part of the visiting team; otherwise, I would have suggested to the Attorney General to ask the wardens to lock up the inmates and then visit each cell to see how they are sleeping. It’s inhumane.

Now, the argument is whether the government should go ahead and sign the death warrants to reduce crime. In the 80s and 90s, did you hear about internet fraud (Yahoo Yahoo)? You can see that now it is rampant. You will agree with me that the more police launch attacks against these criminals, the more crime seems to increase. However, you will also agree that while some crimes are increasing, others are decreasing, and some police officers are even implicated in these crimes.

Yes, they should go ahead and sign the death warrants, but with caution.

How would you feel about someone who killed your son and, after 10 years, was released in the name of repentance? How would you feel about someone who kidnapped your relative and caused you psychological trauma, only to be granted amnesty after some years? In cases of ritual murder, not accidental murder, I strongly recommend that such individuals, including the herbalists involved, should be put to death. Armed robbery that involves murder should also result in the death penalty. If they have repented, let them go and meet God. Where there is overwhelming evidence of guilt, such judgments should be made public for debate so that the public can be assured that the real perpetrators are indeed guilty of the offense, and the day of reckoning must come for them.

“He who kills by the sword must be killed by the sword,” as stated in the New Testament. It is ungodly to spare a terrorist or a murderer involved in ritual killings. It is unjust to apprehend the culprit and let go of the one who instigated them to commit the crime. In fact, I would suggest the death penalty for both. It is ungodly and unconstitutional to spare kidnappers. This crime is increasing because the government is doing nothing about it, which is why criminals can plan jailbreaks to enforce their freedom and continue to unleash terror on society. It is an insult and shows that the law is not working.

From Genesis to Revelation, the law does not change.

Genesis 9:6 states: “Whoso sheddeth man’s blood, by man shall his blood be shed: for in the image of God made he man.” This is where God gave the command.

Jesus Christ said to Peter in the book of Matthew 26:52 (KJV): “Then said Jesus unto him, Put up again thy sword into his place: for all they that take the sword shall perish with the sword,” which means that the law is still in effect.

In the book of Revelation, the message echoes again: Revelation 13:9-10 (KJV) states, “If any man have an ear, let him hear. He that leadeth into captivity shall go into captivity: he that killeth with the sword must be killed with the sword.” This indicates that the law is still in effect.

It is disobedient to God’s order to spare them without any means of reforming them.

Why I Say No to Signing Execution Warrants

As an advocate for those wrongfully sentenced to death, I have compelling reasons to oppose the signing of execution warrants. My experiences have shown me the grave injustices that can occur within the criminal justice system, where innocent individuals are sentenced to death based on flawed evidence and inadequate legal representation.

Case Studies of Wrongful Convictions

1. Olaniyi Emiola: In 1995, Olaniyi was implicated by his neighbors after the real perpetrator mentioned names that coincidentally matched his. He was wrongfully convicted on March 17, 1998, without access to an appeal. After a thorough review of the judgment and support from the real perpetrators who exonerated him, he was granted amnesty on January 11, 2011, due to new evidence revealing the truth. As a result of our intervention, he regained his freedom after 17 years.

2. Morufu Omobolanle: Arrested on October 23, 1996, for armed robbery, Morufu was tried alongside an unknown accomplice. Witnesses testified against both, but his co-defendant’s alibi saved him while Morufu was sentenced to death on January 23, 2002. Despite years of fighting for his innocence, his appeal failed at the Supreme Court due to a lack of thorough review. Our investigation revealed that Morufu had previously been wrongfully arrested in a separate incident. After 22 years of wrongful imprisonment, he was finally granted amnesty by the Ondo State Governor, thanks to our intervention.

3. Olusola Adepetu: A well-known traditional medical practitioner, Olusola was arrested on November 27, 1990, for the death of his girlfriend. He was sentenced to death on August 7, 1992, largely due to public opinion. His appeal was denied by the Supreme Court. However, after many years, we discovered a dissenting judgment that led to his exoneration. He was finally set free on October 16, 2016, after 26 years of wrongful imprisonment, again due to our intervention.

4. Lukma Adeyemi and Ismaila Lasisi: Recently, these two individuals were granted freedom by the Ogun State Board of Mercy after the real perpetrators claimed their innocence. With the support of my team, we advocated for their release, and they regained their freedom after 24 years of wrongful imprisonment.

Addressing Crime and Justice

I acknowledge the alarming rate of crime in our society, particularly among the youth. While I support efforts to combat this issue, I urge that we focus on identifying and prosecuting the actual perpetrators of crimes rather than making scapegoats of innocent individuals. It is essential to create awareness in schools and among the youth about the consequences of crime and the importance of justice.

Additionally, we must provide support for the families of victims to help them find healing.

Concerns About the Judicial System

My greatest fear lies in the way judges are sentencing innocent individuals to death without thorough reviews by higher courts. In one case involving a family accused of murder, all four members filed separate appeals, yet none were successful. It was disheartening to see that none of the judges reviewed the case critically, and they all concurred despite clear evidence of innocence.

In another recent case in OSUN State a judge sentenced to death two brothers who were swamped by the police for monetary gain.

In Oyo State there were case of three people who were sentenced to death based on the Confessional statement.

In Ekiti State there were cases where the judge sentenced two people who did not understand each other language to death based on some people who have personal hatred against the individual.

As far as I am concerned some of the judgement that are sending these individuals must be scrutinized.

In conclusion, the risk of executing innocent individuals is too great to ignore. Let parents awaken to give serious warnings to their children; let pastors and imams include discussions about crime and its consequences in their sermons.

We must ensure that justice is served fairly and that the lives of innocent people are protected. Justice must not be compromised; those who kill with the sword must die by the sword.

Support for Signing Execution Warrants

1. Deterrence Effect
If there is sufficient and overwhelming evidence of an individual’s guilt, they should face the consequences of their actions.

2. Moral Responsibility
It is essential to ensure that those who commit severe crimes, such as murder, kidnapping, Terrorism and ritual killings, face justice.

3. Public Assurance
For the public to trust the justice system, judgments involving capital punishment should be transparent and subject to public debate. This ensures that the real perpetrators are indeed guilty of the offenses for which they are sentenced..

Conclusion

The decision to sign execution warrants for condemned criminals in Nigeria is fraught with moral, legal, and social implications. While there is a compelling case for justice, the risk of executing innocent individuals cannot be overlooked. It is imperative that we strive for a justice system that protects the innocent, holds offenders accountable, and addresses the underlying issues contributing to crime.

Justice must not be compromised; those who kill must face the consequences of their actions, but we must also ensure that the system is fair and just for all.

What is your take on this?