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Periodical article | Leiden University catalogue | WorldCat |
Title: | Capital punishment: to be or not to be in Nigeria |
Author: | Fatula, O. |
Year: | 2001 |
Periodical: | Lesotho Law Journal: A Journal of Law and Development (ISSN 0255-6472) |
Volume: | 14 |
Issue: | 1 |
Pages: | 97-117 |
Language: | English |
Notes: | biblio. refs. |
Geographic terms: | Nigeria West Africa |
Subjects: | capital punishment law Criminal justice, Administration of punishment criminal law Executions and executioners |
Abstract: | Nigerian criminal law recognizes the death penalty and the punishment is also endorsed, in a way, by the 1999 Constitution. Since the inception of the civilian regime of President Olusegun Obasanjo on 29 May 1999, the regime has imposed a moratorium or suspension on the punishment of sending criminals to the gallows. The President has called for a national debate on capital punishment and the Attorney General has indicated his intention to inaugurate a study group to investigate all aspects relating to the death penalty. This became necessary when some Northern States decided to incorporate sharia into their legal codes. The fact that sharia prescribes the death penalty for an offence such as adultery, which under the criminal code is punishable by imprisonment, has raised a number of constitutional queries. The present author examines the position of the law with regard to capital punishment in Nigeria, in Africa, in the United States and around the world. He examines the arguments for and against capital punishment and makes recommendations for reform of the administration of justice in Nigeria. The death penalty has obviously failed as a deterrent measure against violent crime. The current concern that human error or legal system bias could condemn an innocent person to death has made the abolishment of the death penalty imperative. Notes, ref. [ASC Leiden abstract] |