On the occasion of world day against death penalty, Legal Defence and Assistance Project (LEDAP) has made a case for stoppage of death penalty in Nigeria, calling on Government to suspend expansion in the process and more effective legal representation.
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This is contained in a press statement dated 10th day of October, 2020 signed by Edmund Chinonye Obiagwu, SAN which was made available to TheNigeriaLawyer.
“As the world marks the 18th World Day Against the Use of Death Penalty with the theme: “Access to Justice; A Matter of Life or Death”, Legal Defence and Assistance Project (LEDAP) continues to advocate for the abolition of death penalty in Nigeria. LEDAP has over the years provided consistent, direct, and effective pro-bono legal services for persons charged with capital offences; with recorded successes on discharge of innocence either by outright acquittal or overturned convictions. LEDAP has also driven legislative advocacy for a Death Penalty Moratorium Bill.”
Meanwhile, it was noted that this year’s celebration seeks to address effective legal representation of persons standing trial for capital offenses.
“The issue of access to counsel which this year’s celebration seeks to address is the quality of representation and trial experience required for capital offenders, because without access to quality legal representation, not just during trial, but also during arrest, investigation and post-trial, the rights of persons standing trial for capital offences cannot be guaranteed and this places the defendant in a life or death situation.”
However, he noted that the findings of LEDAP revealed that there are increasing persons standing trial for capital offenses, which has led to an overload in the criminal justice system.
“Our findings have revealed an increasing number of persons standing trial for capital offences in Nigeria, owing to the fact that more offences have been prescribed as capital offences. For instance, not less than 8 Nigerian States have prescribed capital punishment for kidnapping, while the 12 states that have adopted the Sharia Penal Code prescribe death penalty for sexual offences and others offences such as adultery. The trend has led to an overload in our criminal justice sector and justice administration, especially for public defenders and the courts.”
Furthermore, it was noted that “most defendants charged with capital offences are indigent and lack the financial capacity to secure quality and effective legal representation”, adding that the “fallout of this limitation is usually not palatable, especially when courts have had to convict a defendant solely on the strength of a confessional statement obtained in the absence of a counsel.”
Therefore, the need for effective legal representation of these persons is said to be very imperative.
“While working towards the total and complete abolition of the death penalty worldwide for all crimes, it is crucial that we alert the government, civil society organizations and the international community that, at every stage of the legal proceedings, those facing the cruel, inhuman and degrading punishment of execution should at least have access to effective legal representation to ensure that the rights of those charged with capital offences are protected.”
In consequence thereof, LEDAP therefore makes the following recommendations:
“LEDAP calls on the Nigerian government to adopt the following stopgap measures:
1.Stop the further expansion of the scope of death penalty;
2. Prioritize the rights of persons standing trial for capital offences by providing adequate funding and an enabling work environment for the Legal Aid Council and other organizations providing free legal services to enable them effectively represent persons charged with capital offences;
3.Pass a moratorium on death penalty.”
In addition, LEDAP calls on the Government to adopt a system where an amendment of the existing penal laws by a replacement of death penalty with life imprisonment, be put into action.
“LEDAP also recommends that the government adopts a long-term approach of amending relevant provisions of our Criminal Codes, Penal Codes and Sharia Laws on capital punishment and replace same with term of years or life imprisonment”. The statement concluded.
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