Those on death row upon the
judgment of the court of Lagos State included the General Overseer of Christian
Praying Assembly, Chukwuemeka Ezeugo, a.k.a. Rev. King.
Human rights lawyer, Mr
Femi Falana (SAN), has asked Governor Akinwunmi Ambode of Lagos State to change
the death penalty passed on death row inmates in the state to life imprisonment
instead of executing them.
Falana argued in his letter
dated April 19, 2017 and addressed to Ambode that the planned execution of
death row inmates in the state would violate a subsisting judgment delivered in
2012 by the High Court of Lagos State which ruled that it was illegal and unconstitutional
to execute condemned inmates.
He reminded the governor
that the judgment of the court of the state had held that to hang or subject
death row inmates to firing squad would lead to the violation of their
fundamental right to freedom from torture
guaranteed by the constitution.
The judgment was said to
have been delivered by Justice Mufutau Olokooba of the Lagos State High Court
on June 29, 2012.
The Lagos lawyer advised
the state government to explore the only available option of commuting the
death penalty passed on the inmates to life imprisonment.
Falana stated, “On the
basis of the valid and subsisting judgment of the Lagos High Court on the
illegality of the execution of the death penalty in Lagos State we urge Your
Excellency not to sign a death warrant authorising the killing of any condemned
prisoner either by hanging, firing squad or any other means whatsoever.
“In the circumstance, Your
Excellency may wish to commute the death sentences of all condemned prisoners
in Lagos State to life imprisonment forthwith.”
The Attorney General of the state, Mr. Adeniji
Kazeem, was said to have stated at a press conference on Tuesday that unlike
previous administrations, Ambode would sign the necessary documents to execute
those on death row in the state.
Kazeem reportedly said the
development was at the instruction of Ambode and that the state had begun
reviewing the matter after prison officials complained of the highhandedness of
some death row inmates who felt that they had certain rights which excluded
them from being executed.
But Falana stated that the
planned execution would negate the subsisting court judgment.
Falana stated, “Although many persons have
been convicted of armed robbery and murder and sentenced to death by the Lagos
State High Court since 1999, your predecessors did not sign death warrants for
the execution of any person on death row.
“Accordingly, all the
convicts on death row have had the death sentences imposed on them commuted to
life imprisonment.
“It is pertinent to draw
the attention of Your Excellency to the case of Ajulu & Ors. v. Attorney
General of Lagos State (unreported), Suit No: ID/76M/2008 of 29th June
2012, wherein the Lagos State High Court held that while a
person who commits murder may be sentenced to death, it is illegal and unconstitutional
to execute such death sentence by hanging or firing squad as it will lead to the violation of his
fundamental right to freedom from
torture guaranteed by the constitution.
“According to the learned
trial judge, Olokooba, death by hanging and firing squad amounts to a violation
of the condemned’s right to dignity of the human person and amount to inhuman
and degrading treatment and is consequently unconstitutional being a violation
of Section 34(1)(a) of the Constitution of the Federal Republic of Nigeria,
1999.
“Section 367 of the Criminal Procedure Law of
Lagos State and any other law which provides for hanging by the neck till death
are accordingly declared unconstitutional. Section 1(3) of the Robbery and
Firearms (Special Provisions) Act in so far as it seeks to be implemented by
the respondent is also declared unconstitutional and void.”
Rev King must go just like he sent a few to the beyond
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