Execution NOT Solution To Congestion At Custodial Centers

The Civil Society Organizations Forum on Detention and Corrections in Nigeria has urged the government to jettison the idea of executing inmates on death row to congest Custodial Centers in the country.

 

20 CSOs in a jointly signed press statement called on the government at federal and state levels to implement laws that address the issue of the high number of awaiting trial persons in custody as an acceptable solution.

 

The CSOs include Prisoners Rehabilitation and Welfare Action (PRAWA), Gender Perspective and Social Development Centre (GPSDC), Prison Fellowship Nigeria.

3.Social Inclusion of the Voiceless and Neglected (SIVON), Headfort Foundation, Justice and Peace Advocates Initiative, COMPPART Foundation for Justice and Peacebuilding, Freedom for Life Initiative, CHFARR.

 

Others are Olive Justice Initiative, Bridges and Hands Foundation, Hosec Foundation, Securing the Creative Goldmine in Youths Initiative, Hope Behind Bars Africa, Rehab Foundation, Ideal Africa Foundation (IAF), NOPRIN Foundation, Elixir Trust Foundation, Human rights network, and Jigawa Civil Society Resource Centre, Sufabel Community Development Initiative (SCDI).

 

PRAWA Deputy Director, Ogechi Ogu Esq while speaking on behalf of the CSOs said the forum agreed with the suggestion of Minister of Interior, Mr. Rauf Aregbesola on the need to bring closure to the cases involving 3,008 condemned criminals waiting for execution but opposes the Minister’s call for their execution.

 

The Forum said mechanisms should be put in place to ensure effective implementation of section 12(2)(c) of the Nigerian Correctional Service Act which provides that “where an inmate sentenced to death has exhausted all legal procedures for appeal and a period of 10 years has elapsed without the execution of the sentence, the chief judge may commute the death sentence to life imprisonment”.

 

The Forum also called for the implementation of section 12 (4-12) of the Act which provides for the early warning signal for action to the Attorney General of the Federation and States and the Chief Judges of states and the Federal Capital Territory (FCT) to decongest whenever a custodial center exceeds its capacity.

 

The Forum added that Sub-section 8 of same section 12 empowers the State Comptroller and Superintendent in charge of a custodial center to reject more intakes of inmates when a center is filled to capacity.

 

As a measure to address congestion, the Forum said Nigeria should also be focusing on addressing inflow into custodial centers by adhering to the use of pretrial detention as a measure of last resort as advised in the United Nations Standard Minimum Rules for Non-custodial Measures and by giving all the necessary support to the effective implementation of non-custodial measures as provided for in parts 44 and 45 of the Administration of Criminal Justice Act 2015 and Part 2 of the Nigerian Correctional Service Act and other relevant laws in Nigeria.

The Forum described Aregbesola’s call for the execution of condemned inmates as a consequence of the failure of Nigeria to heed the call of the United Nations General Assembly for states to establish a moratorium on execution of death sentences.

On the implications of the call for the execution of condemned inmates as a consequence of the failure of Nigeria to heed the call of the United Nations General Assembly for states to establish a moratorium on execution of death sentences.

 

According to the statement “This is a huge detraction from the substantially good records Nigeria maintains in terms of ratification of international Human Rights instruments. The call for execution is actually a dent on the human rights records of the country and of course we know the consequences of that on the image of our dear country in the committee of nations.”

 

“It is the position of our Forum that the execution of inmates cannot be a solution to congestion, which obviously is not caused by the presence of such inmates in custody.

Several Research reports and available statistics as of date indicate clearly that congestion/ over-crowding in some of the Custodial Centers across the federation is caused by the high number of awaiting trial persons in custody and this should be dealt with as already indicated.”

 

“Having said that, we are most concerned about deeper issues of compliance with human rights principles and standards  such as those captured in Articles 6 and 14 of the International Covenant on Civil and Political Rights, the Human Rights Committee General Comment no 6 on the procedural guarantees on imposition of death penalties, Resolution; issues of criminogenic risks and needs and how we deal with these to foster deterrence and achieve the goals of security, the safety of our communities and the ultimate goal of justice.”

 

“Obviously, execution of these inmates would not add value to our quest for a crime-free society rather it would be counterproductive in terms of negating the principles of dignity and respect of every human being and sanctity of human life as captured in several human rights instruments ratified by Nigeria.”

 

“It is pertinent that we call the attention of the government of Nigerian to the several contextual issues that may make it unconscionable for the governors to massively sign these warrants for execution. Effective compliance with several safeguards set by different human rights instruments to guard against having an innocent person pay the ultimate price for an offense he or she may not have committed is still in doubt; access  to justice for the poor in Nigeria remains a huge struggle till date; torture remains hugely a source of procuring evidence.”

 

“Imagine the injustice in executing an innocent person based on evidence procured through torture. Again, what is the justice in such mass execution when most of the persons involved cannot afford legal representation to challenge their sentences at the appellate courts”

 

“Though Advocates of the death penalty argue that it deters crime; is a good tool for police and prosecutors in plea bargaining; makes sure that convicted criminals do not offend again and that it ensures justice for crimes such as homicide, where other penalties will not inflict the desired retribution demanded by the crime itself,

there are several other strong reasons as canvassed above for Nigeria to abolish the death penalty or at least fall in line with the call for a moratorium on execution.”

 

“Considering all these and more, we, therefore, urged Nigeria to toe the line of the argument of Death penalty opponents who regard the death penalty as inhumane and criticize it for its irreversibility. They argue also that capital punishment lacks a deterrent effect, discriminates against minorities and the poor, and that it encourages a “culture of violence”  Where abolishment of the death penalty is not immediately achievable, Nigeria should in the meantime establish formally a moratorium on execution of those on death sentence.”

 

“This appeal is made more persuasive by the fact of existing legislative step already taken to address this issue in the Nigerian Correctional Service Act 2019. Our general concern now should be to ensure that this provision is fully tested exhaustively up to the appellate court especially regarding the issue of computation of when the  period of ten years indicated in the act will start counting for those applying for the commute of their death sentences to life.”

 

“A court in Kano state recently ruled that it starts from the time all the appeals of an applicant has been exhausted. This is worrisome as it sounds like a decision that may be defeating the intendment of that provision. Generally, all stakeholders should work at ensuring that legal and other necessary measures put in place to reduce the high number of awaiting trial inmates in custody are effectively implemented”, the said.