In a growing chorus of concern from the South-South region, Nigerians are demanding a constitutional amendment to shift the burden of signing death warrants from state governors to judicial officers. The call stems from the long-standing reluctance of governors to authorize executions—a hesitation that many argue undermines the judicial process and justice system.
Citizens and legal experts across Cross River, Akwa Ibom, and Rivers States are pushing for a critical review of the Constitution, questioning why the final authority to carry out a death sentence rests with political leaders rather than the courts that issue the judgments.
Linus Obogo, spokesperson to Cross River State Governor Bassey Otu, voiced strong support for a constitutional shift. According to him, governors—many of whom were not privy to the details of the court proceedings—should not be compelled to ratify executions.
“Judgements delivered by a competent court should be executed without recourse to the governor,” Obogo said. “Why should a political officeholder, who was not in court and cannot verify whether the accused was given a fair hearing, carry the moral weight of executing a death sentence?”
He added that governors often worry about staining their tenure with the metaphorical blood of the executed. “As humans, they empathize with both the victims and the convicted. It’s a haunting decision that could linger long after office,” he noted.
Renowned legal practitioner Mba Ukweni, SAN, echoed similar sentiments, describing the refusal of governors to sign death warrants as a deeply personal, moral choice rather than a political one.
“There is no law mandating governors to sign death warrants,” he explained. “They are simply reluctant to get their hands metaphorically soiled with another person’s blood.”
Ukweni pointed out that state committees on the prerogative of mercy, usually led by Attorneys-General, are also culpable for the stalemate. “These committees should be visiting prisons, recommending who deserves mercy and who should face execution. Without this due diligence, governors are left to make impossible decisions in a vacuum.”
However, not all voices are aligned on the path forward. McPhalane Ejah, Country Director of the International Training Research and Advocacy Project, supports the death penalty, asserting that its philosophical foundation—a life for a life—remains valid.
“While the reluctance of governors is understandable, the constitution clearly stipulates death as a sentence for certain heinous crimes,” he stated. “If this provision is no longer tenable, then we must review it. But until then, it should be respected and implemented.”
In Akwa Ibom, legal practitioner Eyibio Okon noted that the law, as it stands, does not compel governors to act swiftly—or at all.
“There is no time frame for signing a death warrant, which gives governors the liberty to delay indefinitely or pass it to their successors,” Okon explained. He emphasized that most governors hesitate due to moral convictions, rather than legal or political constraints.
In Rivers State, Favour Ruben, former Vice Chairperson of the Labour Party, took a more rehabilitative stance. “Governors may reason that executing a citizen, no matter the crime, is not the best route. Sometimes, granting a second chance could inspire reform,” he said.
However, Ruben acknowledged the deterrent power of the death penalty in maintaining societal order but argued that addressing root causes like unemployment is far more effective in tackling crime.
“Crime is the fruit, but poverty and lack of opportunity are the roots. Fix the roots, and the tree will stop bearing poison,” he argued.
Human rights campaigner, Prince Wiro, National Coordinator of the Centre for Basic Rights Protection and Accountability Campaign, went a step further, calling for a total abolition of the death penalty in Nigeria.
“Murder is a capital offence, yes—but justice should not mean state-sanctioned killing,” Wiro said. “The United Nations advocates for abolishing the death penalty, and we must heed that call.”
Instead, Wiro advocated for life imprisonment as a more humane alternative and called for more effective prosecution to ensure justice is served. “We must focus on diligent investigations and timely trials. A broken legal system cannot deliver justice—whether through execution or incarceration.”
As Nigeria wrestles with the moral, legal, and political implications of capital punishment, one thing is clear—there is a pressing need for a constitutional review. Whether to empower judges with final authority or abolish the death penalty altogether, Nigerians are demanding clarity, reform, and above all, justice that aligns with both law and humanity.
PIONEER NEWS 