Introduction

Although the death penalty remains constitutionally valid in Nigeria under Section 33(1) of the Constitution of the Federal Republic of Nigeria 1999 and states like Jigawa State have approved legislations prescribing the death penalty for certain offences such as child rape, kidnapping, and rape involving HIV transmission, executions are still rarely carried out in practice. Over the years, Nigerian governors have consistently shown reluctance to authorize executions by refusing to sign death warrants, thereby leaving thousands of inmates on death row for prolonged and often indefinite periods.

This pattern has gradually become one of the defining realities of Nigeria’s criminal justice system. While the courts may impose capital punishment, its actual execution depends largely on the discretion of state governors, many of whom choose either to delay indefinitely or commute such sentences to life imprisonment.

Historical Instances of Executions in Nigeria

There have, however, been instances where death sentences were successfully carried out in Nigeria. In 2013, Governor Adams Oshiomhole of Edo State signed death warrants for four inmates — Obaika Iweka, Bayo Okoro, Daniel Nsofor, and Richard Igagu — who were subsequently executed by hanging. This action generated significant public outcry and widespread criticism from human rights organizations.

Another jurisprudentially significant instance occurred in Kano State in 2006, when a condemned robber, Sani Yakubu Rodi, was executed by hanging. The execution attracted regional protests and was heavily condemned by Amnesty International.

Nigeria also experienced extensive use of capital punishment during periods of military rule. One of the defining characteristics of military regimes was the authoritarian intolerance of dissent, which often resulted in the summary enforcement of capital punishment. There was the execution of Oluwole and Folorunsho in the 1970s for robbery, while several firing-squad executions also occurred during the Buhari/Idiagbon era between 1984 and 1985.

However, since Nigeria’s return to democratic governance in1999, the actualization of death sentences has drastically declined. Public resistance, human rights advocacy, executive reluctance, and global abolitionist trends have all contributed to this decline.

Reasons Why Most Death Warrants Still Remain Unsigned

• Fear of Wrongful Convictions:

One of the primary reasons for the reluctance to execute death sentences is the fear of wrongful convictions. Nigeria’s criminal justice system has long been criticized for weak investigative procedures, torture-induced confessions, coerced statements, and inadequate legal representation.

Once a death sentence is carried out, it becomes irreversible. Governors are therefore often cautious about signing death warrants because there remains a non-negligible possibility that an innocent person may be executed.

This concern has also been reflected in legal scholarship and judicial pronouncements. Justice Niki Tobi (as he was then) notably emphasized the need for extreme caution in capital cases in order to prevent miscarriage of justice.

• Ethical and Moral Concerns:

Signing a death warrant is not merely a legal or administrative act; it is a direct authorization of state-sanctioned execution. Many governors, guided by personal conscience and ethical considerations, are understandably reluctant to assume the moral burden attached to ending a human life. The irreversible nature of capital punishment further intensifies this moral dilemma.

• Religious Considerations:

Nigeria is a deeply religious country where both Christianity and Islam strongly emphasize mercy, repentance, forgiveness, and the sanctity of life. Furthermore, both Abrahamic faiths maintain theological doctrines that reserve the ultimate authority over life and death to the divine. This religious consciousness partly explains why previous executions in Nigeria often provoked strong public and interfaith backlash.

• Political Considerations:

Executions frequently attract criticism from local and international human rights organizations. Governors who authorize executions risk public condemnation, protests, political backlash, and erosion of political goodwill. In many cases, the political consequences attached to signing death warrants outweigh any perceived benefits of enforcing capital punishment.

• International and Regional Human Rights Instruments:

Contemporary international human rights jurisprudence has also contributed significantly to executive reluctance toward executions. International and regional instruments such as the African Charter on Human and Peoples’ Rights promote the protection of human dignity. Although the Charter does not expressly abolish the death penalty, human rights advocacy bodies have increasingly interpreted it as encouraging gradual abolition. Governors are therefore often mindful of the legal, diplomatic, and international implications of authorizing executions that may be viewed globally as regressive or inhumane.

• Modern Penological Philosophies:

Modern penological thought now places greater emphasis on rehabilitation rather than retribution. Consequently, many governors prefer commuting death sentences to life imprisonment because of the growing belief that offenders should still be given the possibility of reform and rehabilitation. This approach also aligns with global trends, particularly in many developed countries where the death penalty has either been abolished entirely or subjected to a moratorium.

• Administrative Inertia:

Administrative bottlenecks, bureaucratic delays, procedural inefficiencies, and lack of political will also contribute significantly to the non-enforcement of death sentences in Nigeria. In some cases, governors simply avoid taking action on pending death warrants. Over time, this persistent inaction has effectively created a de facto moratorium, where inmates remain on death row for many years without execution.

Conclusion

The refusal of Nigerian governors to sign death warrants is not arbitrary but the result of several intersecting legal, political, ethical, religious, and administrative considerations. Concerns about wrongful convictions, moral responsibility, political consequences, international human rights obligations, and evolving philosophies of punishment have collectively contributed to the steady decline in executions within Nigeria’s democratic era.

Although the death penalty remains legally recognized in Nigeria, the consistent executive reluctance to authorize executions suggests a gradual shift away from its practical application, even within a developing country like Nigeria.

Should the power to authorize execution remain solely with the state governors? And most importantly, do you think Nigeria is gradually moving toward an unofficial abolition of the death penalty?