ENFORCING GOVERNORS' WARRANT EXECUTION - A CONSTITUTIONALITY FOR NATIONAL STABILITY. - Hot Secret Naija

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Thursday, 14 April 2022

ENFORCING GOVERNORS' WARRANT EXECUTION - A CONSTITUTIONALITY FOR NATIONAL STABILITY.

By: Samuel Ogungbesan

Murder according to Merriam Webster Dictionary is the crime of unlawfully killing a person especially with malice aforethought. 
In other word, it is a premeditated and intentional act of terminating another person's life.
Under the state criminal codes, murder is a capital offence or crime which could attract either life imprisonment or death by hanging. This is depicting a southwestern proverb that say "ika to ba se l'oba n'ge"  meaning every  criminal  offence must be punished. And when someone gullibility has been  proven under a competence court of jurisdiction with appropriate sentence served. The judgement must be binding. 
In a report which showed that most of the  democratically elected governors in Nigeria usually  decline  signing the death warrant,  hiding under humanitarian shade. The stylish act of leaving the condemned criminals grow feather  unpunished, has become the trending issue across the nation  under the nascent democracy. Sincerely it is not contravening  only the  court verdicts but also  their constitutional duties at promoting societal justice and fairness in the society. The trend became politicised since the transition to democracy in 1999,  thereby arm-twisting the constitution at will.
According to the Nigerian Constitution, section 33(1), capital crimes such as murder, terrorism -related offences, rape,robbery kidnapping , sodomy, homosexuality, among others attracts capital punishment, which is majorly death penalty.
Similarly, the holy Bible, affirm how even God abhors act of malicious killing. This is established in the book of Deuteronomy 19 verse 11 to 13, stated that " But if any man hate his neighbour ( malice afterthought) and lie in wait for him (intentional).and rise up against him, and smite (murdered) him, mortally that he die, and fleeth into one of these cities (trying to escape judgement ) . Then the elders of his city shall send and fetch him thence (arrest for prosecution ) and deliver him into the hand of the avenger of blood( hang men) that he may die. The scripture further stated " thine eyes shall not pity him, but thou shall put away the guilt of innocent blood).
The human Right Lawyer and Senior Advocate of Nigeria, Mr Femi Falana during an exclusive interview said "There is a sociological angle to the issue of execution of death row inmate. Most prison find it difficult to find hang man. It is difficult to find a Nigerian who would be proud of an
occupation of killing people, adding that most civilian Governors find it difficult to ratify the killing of other citizens even though they have been convicted.
Nevertheless, former president of Nigeria, Mr Goodluck Jonathan during 2013 International Father's day celebration called on the State Governors, enjoining them to sum up courage and take up their statutory responsibility by signing the pending death warrant of all  condemned criminals for execution. 
A Retired Senior Correctional Officer explained that " before a case is established as homicide or capital offence, it must have been thoroughly investigated and fact affirmed by the Department of Public Prosecution (DPP) in the Nigerian Police Force. Thereafter the case is transferred to the Judge who will give the verdict of capital punishment which is death by hanging if found guilty. The accused has the right to appeal within three month and if it did not favour him or her, the Governor signs the death warrant paper(s) for his or her execution not later than six months. But what do we have  today? Report showed that  over 18 years ago, non of the condemned criminals across the correctional centers   in Nigeria have been executed because there is no one to sign the death warrant. 
The retired officer further noted the negative effects in keeping the condemned criminals for too long in prison has serious negative influence not only on other inmates but also breeding more criminality. The report of emergence of riot among inmates, cases of prison break, the ever increasing prison  congestion among  other nefarious acts in the correctional centres are motivated  by non execution of the condemned criminals. 
Some experts pointed out that condemned criminals often become wild and untameable by correctional officers as they do no longer  fear any thing   since they believe they  are already destined to die. 
 The Controller General, Nigerian Correctional Service (NCS), Ahmed Ja'afaru stated that there are 2,745 inmates in the death row all over the country, as at 2018 who according to him have spent over 10 years awaiting execution.
In early 70s till late 90s, during the military administration, homicides and killing generally are minimal compare to Democratic administration. One major reason been fairness and promptness of justice delivery. Although death sentence then was by firing squad, carried out in front of the family of the convicts. People from far and near would gather to witness the execution process. The terror in the gun shot bullet entering and tearing apart the victims bodies causes exclamations and soberness among spectators. It also send serious  caution and warning messages to the not - yet apprehended perpetrator of such nefarious related act to have a rethink.
The worsening  state of security in the country currently is quite disheartening and frightening. Different categories of crime emerges on daily basis. Innocent lives are wasted mercilessly. And It is inexplicable to hear that bandits had the effrontery and temerity to invade  Defense
Academy, massacred Nigerian soldiers left without any reprisal onslaught to end their criminality.
An adage in Yoruba says, 'Ati kekere ni a tii peka iroko, to ba dagba tan, apa o ni kaa mo'. Meaning, the branches of Iroko tree is best trimmed at it's early stage, it becomes impossible when it grows bigger.
In order to tame  the menace of insecurity in the country, let there be  a clarion call to all the State Governors to wake up to their constitutional responsibilities, take the bull by the horn and  be courageous in handling the issue of  security in their respective States. Some experts said, creating huge security outfit to fight crimes in their states is not enough, but to start  by signing the pending death warrant of all condemned criminals and ensure that their  execution are carried  as early as possible and subsequently sustain the statutory responsibility so as to stabilise the socio - economic well-being of the  nation.
More so, the Federal Government should also approve immediate mass execution of all apprehended terrorists and bandit among others that have been prosecuted and sentenced and  not contradicting the constitutional provisions by granting frivolous amnesty to some ethnic criminals. Government should allow the law to prevail at all cost. Even since the granting of pardon to the acclaimed repentant Bandits, the security situation of the nation only  grow  wose  with more destructive attacks. As part of new measure government should make prosecution and  execution of bandits  public on National Television, Radio and Social media handles to showcase Nigeria colour in  true nationalism 
It is imperative  for government at all  levels to know that  carying out their constitutional assignment were the core duties  they were elected to perform. Nigerians had been exposed to varied level of psychological misdemeanors through failed government promises and  reaponsibilities in the past. At least for once let  the people enjoy dividends of democracy not only in the area of provision of social amenities but in government sincerity of signing the necessary death warrant of all  condemned criminals that have been long over due so as  to  decongest the prison,  build the public  confidence  as well as sustain economic stability in accordance with the constitution.

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