DECLINING ON DEATH WARRANT: The unconstitutional behaviour of constituted authorities in Nigerian states

By KEMI KASUMU

Nigeria is a state, where the adage that ‘only enemy of freedom is a happy slave’ is relevantly fitted in. The same people that cry over insecurity and other hardships inflicted by lawbreaking and unconstitutional practices are the ones who will always raise human rights questions at any attempt or effort of government to move against unruly behaviours. But is their activity enough excuse for those charged with authorities to execute constitutionality at their respective states level? The answer has been provided in reactions of many, who said no, adding that the DECLINING of states’ governors to sign death warrants is the very indication of incapacity and the unconstitutional behaviour of the constitutional authorities in the Nigerian states.

Many of the governors, who have such files of death warrants before them but have refused for as long as the Fourth Republic has lasted, our investigations revealed, are not avoiding doing so because they do not want their hands stained with blood. Truth is, they inadvertently have had their hands stained with more blood as a result of illegal activities of their political thugs than seen. So, to try to claim the saint they possess not at the time they should exercise their responsibility to Constitution, which they swore to protect without fear or favour, is the very uncharitable hypocrisy that is unsung yet contributive more to the insecurity that has continued to make Nigeria look so complex in terms ability of any Federal Government to manage. If the governors have done their own part well like Federal Government, particularly under an almost saintly President like Muhammadu Buhari, the country would have been well reset to make all efforts at achieving a better Nigeria, in all ramifications of greatness.

Therefore, when it is said that some state leaders play politics with governance, that is it. Politicians of today era fail persistently to realise that failure to act against illegal activities of mediocre and hoodlums, who hamper the progress of the society, can only make them to end up as failed leaders. That is why in Lagos, for instance, government would ban operations of commercial motorcycles over the criminal and threat-to-life activities of most of them but as elections time approaches, the banned elements return to forbidden routes and then the whole place becomes a lawless state. At motor-parks, bus stops and market centres across the state, activities of non-state actors – hoodlums, who take illegal taxes from people legally doing their trades that the society may be great – are on the rise and the whole place turns not only lawless but, more practically, like a free-for-all society where there is no one to report to.

What then can be a better example of a failed state other than this? The best answer this question are state governors not the President because, for example, President Muhammadu Buhari has made several attempts and signed many Executive Orders to make Institutions of the country work but because of the inactiveness of the state governors, the nation remains on the same spot like a motionless object. Othe wise, why is local Government Administration, closer to easy development as it is, not able to perform? Why is the Judiciary not autonomous? Why is state Legislature not truly independent? Why are their no effective Primary or Public Health systems? Why is the school system like a no-place? Why are there still insecurity across the states? despite the many good policies of the Federal Government! Because, much as the Federal Government is work hard to make the country work, the state governors have their own agenda and chosen direction hence, the problem.

More spectacular of the problem is the aspect of declination by the governor to sign death warrants for the condemned inmates, who continue to fill space and feed fat in the various correctional centres in the country, just like their delayed execution and lack of punishment for all offenders, due to the weakened will of the governors persistently strengthen the will of criminals and lawbreakers to continue. Sadly, only at Federal level alarm has ever been raised over the impending dangers that these things portend to the ability of the nation to survive. But if things are stretched beyond the permissible, it will not be out of place for the military to return to power because, even the West that brainwashed and instigated developing nations against military rules have evidently supported same military in an extreme system collapse like is now witnessed in the unconstitutional behaviour of the constitutional authorities in Nigerian Fedrating units.

This is also because, despite repeated calls by the Federal Government for state governors to exercise their constitutional responsibility of signing death warrants of criminals condemned to death by courts of competent jurisdictions, no death row inmate has been executed in the last 10 years.

Alluding to this was a statement by the Minister of Interior, Engr Rauf Aregbesola, when at the inauguration of the Osun State Command headquarters of the Nigeria Correctional Service in Osogbo, recently, he accused the state governors of delaying the wheel of justice and contributing to congestion in correctional centres by refusing to sign the death warrants and free the nation’s space of 3,008 population of death roll inmates, out of the total 68,747 prison population.

According to the Minister, of the 3,008 death roll inmates 2,952 are males while 56 are females. He noted that despite not constituting a significant percentage, the condemned inmates contributed to prison congestion (like many hold the views that they constitute threats to national security) and urged governors to rise up to the dictates of their office, which empower them to approve execution of condemned criminals.

“The third way is for state governors to summon the will to do the needful on death roll convicts. There are presently 3,008 condemned criminals waiting for their date with the executioners in our meagre custodial facilities. This consists of 2,952 males and 56 females.

“In cases where appeals have been exhausted and the convicts are not mounting any challenge to their conviction, the state should go ahead to do the needful and bring closure to their cases…” he said.

Aregbesola as neither alone nor the first in the current administration to call. Both Vice President Yemi Osinbajo (SAN) and the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN) had also called for the signing of death warrants of condemned inmates.

During the administration of former President Goodluck Jonathan, while speaking at a Fathers’ Day Sunday service organised by the Aso Villa Chapel in June, 2013, he had urged state governors to sign death warrants of criminals condemned to death. He reminded them that the job they were elected to do had both pleasant and ugly parts.

The last time a death warrant was signed in Nigeria was in 2012 when the then Edo State Governor, Comrade Adams Aliyu Oshiomhole, signed the death warrant for two condemned prisoners, who were consequently executed by hanging.

Before Oshiomhole signed the warrants, the then Governor Ibrahim Shekarau of Kano State had emerged the first governor to have signed death warrants of seven condemned criminals in 2006.

Those with culture of finding excuse to escape responsibility averred that the reluctance of state governors to sign death warrants is not unconnected with the pervading cultural, moral, religious and philosophical convictions regarding the sanctity and inviolability of human life rooted in the fact that God created human life and no man can take away human life except God the Creator. All world religions and cultures respect the sanctity of human life. Many senior lawyers and human rights institutions, who would always frustrate the workability of the legal system for the reformation process towards a better Nigeria, are quick to stand with this justification but largely untenable. They even believe that death penalty is not a deterrent to capital crime.

In a committed Facebook post at the weekend, it was asked, “Governors who refuse to sign Death Warrants, claiming they don’t want to have their hands stained with blood, are who?” The DEFENDER reports a discourse that attracted about 11 interlocutors, among whom there were that said governors that are hiding under religious or cultural or moral sanctity of life are insincere as, according to them, since government is next God on earth and law is system through which his will is operated, those who refuse to sign death warrants will have themselves to blame here and hereafter for allowing fear and favour to affect their political will of protecting the Constitution and ensuring law and order in the land, even after they swore to upholding same.

The interlocutors included Lateef Olawumi who said: “I guess they (the governors) do not understand that leadership is responsibility.”

An anonymous said: “That is how they messed up the country and drifted it to the near lawlessness. Rev. King remains in Sokoto Prison since between 1999 – 2007 (offence committed in Lagos). Some Westernised souls calling themselves human rights lawyers or activists are helping destroy our legal system but they call it modernisation. These governors swore to uphold the Constitution and maintain law and order, not so?

It’s law of the land not personality

“The judge will not be held responsible for delivering justice against the condemned. The hang man will not be held responsible for carrying out his duty. Why is it the Governor’s part of the duty that has always failed? And we all keep quiet and watching? It is at this point we can say when the head is faulty, the rest of the body follows.”

James Adeyem saidi: “They have conscience. It is not easy for those who are human. Human blood is sacred.”

Lukman Omotayo swiftly replied him: “James Adeyemi, what of the blood of their victims?”

The anonymous also replied: “James Adeyemi, Blood that the law, which is representative of God’s order in the land, permits them to take is sacred, Abi? But blood that the law forbids them to take but protect, their thugs kill at will and you give them excuse?”

The anonymous continued: “I think these problems we have is more of our hypocrisy and it is the promise of God that he will never support the hypocrites and that they will know no peace.”

Isaac Adewale Fabiyi, a real estate manager, said: “Weaklings. Weaklings shouldn’t take up leadership positions they have no heart to execute the statutory obligations attached to the office .”

Olabisi Dada said: “Lawless society. Resulting to near failed state.”

Ibrahim Abdullahi, a human resources manager, said: “Thanks for drawing the attention to one of the issues responsible for insecurity in the land. Governor sworn to protect and defend the Constitution. They got to the seats doing something different! God would surely asked why they swore and refused to do what is right. Murderers, kidnappers, armed-robbers are now on rampage because they know that though they could be condemned, none of the State Governors will sign death warrants! Those who hate and condemn death purnishment seems to have love for u briddled criminality that spread all over the land.”