ABSTRACT
Death row in Nigeria has become a pressing humanitarian and justice issue, with the number of inmates sentenced to death steadily increasing despite a near-total halt in executions. As of March 2025, there are 3,688 prisoners on death row, up from 3,590 just six months earlier, reflecting a growing crisis within the Nigerian Correctional Service . These inmates face prolonged uncertainty, often spending years—sometimes decades—awaiting execution in overcrowded and harsh prison conditions. Compounding this is the reluctance of state governors to sign execution warrants or commute death sentences to life imprisonment, which exacerbates prison congestion and deepens the psychological trauma experienced by condemned prisoners. The situation calls for urgent reforms to address the backlog of cases, improve prison conditions, and reconsider the use of capital punishment in Nigeria’s justice system.
INTRODUCTION
Many death row inmates endure solitary confinement for decades, often confined to small cells for over 20 hours a day, which legal experts and courts have recognized as a form of cruel and unusual punishment comparable to torture.
This extreme isolation exacerbates mental illnesses common among these prisoners, including depression, anxiety, psychotic delusions, suicidal tendencies, and what is known as “death row syndrome”—a psychological disorder marked by despair, hallucinations, and cognitive decline.
The constant awareness of impending execution creates profound emotional distress, sometimes described as “psychological death,” where inmates feel mentally dead long before the actual execution.
Studies show that many death row inmates come from troubled backgrounds and suffer from psychiatric illnesses, with some prisoners expressing a preference for execution over prolonged suffering, calling the sentence “slow poison.” The trauma extends beyond inmates to their families, who face stigma, grief, and mental health challenges due to the ambiguous loss and social isolation caused by having a loved one on death row.
HISTORICAL AND CONTEMPORARY OVERVIEW OF THE DEATH PENALTY AND DEATH ROW IN NIGERIA
The death penalty in Nigeria was inherited from British colonial rule, with hanging as the primary method of execution. It has historically been applied for serious crimes such as murder, armed robbery, and treason, under two main legal frameworks: The Criminal Code, applicable mostly in southern Nigeria, and the Penal Code, used in northern states.
During Nigeria’s military regimes, the death penalty was frequently employed against political opponents. One of the most notorious cases was the execution of the Ogoni Nine in 1995 under General Sani Abacha’s dictatorship. These executions were often conducted rapidly and sometimes without due process, reflecting the oppressive political climate of the time .
Since Nigeria’s return to civilian governance, death sentences continue to be passed, but executions have become increasingly rare. After 2006, there was an effective moratorium on executions until 2013, when four prisoners were executed in Benin City, marking the first hangings in seven years.
Executions have since occurred sporadically, with the most recent recorded hangings carried out on December 23, 2016, when three men were executed for murder and armed robbery .
In 2014, death sentences were also handed down by military courts, with 54 soldiers sentenced to death by firing squad for conspiracy to commit mutiny, underscoring the ongoing use of capital punishment in certain contexts.
Northern Nigeria’s introduction of Sharia penal codes in the late 1990s has added another dimension to capital punishment in the country. Under Sharia law, death sentences have been issued for offenses such as adultery (zina), blasphemy, and witchcraft, disproportionately affecting women. Although some Sharia death sentences have been overturned on appeal, concerns surrounding fair trial standards and human rights abuses persist .
On a global scale in 2025, approximately 55 countries actively retain and implement the death penalty, including Nigeria, the United States, China, India, Pakistan, Iran, Saudi Arabia, Indonesia, Japan, Egypt, Bangladesh, Vietnam, and Iraq. Some countries maintain the death penalty legally but have suspended executions for extended periods, effectively placing themselves under moratoriums; these include Russia, Tanzania, Kenya, South Korea, Ghana, Cameroon, Sri Lanka, and Algeria.
Conversely, over 145 countries worldwide have abolished the death penalty either in law or practice. Many European nations — including Germany, France, the United Kingdom, Italy, Spain, Poland, Sweden, Norway, and the Netherlands — have fully abolished it. Other abolitionist countries include Canada, Australia, South Africa, Brazil, Mexico, the Philippines, Turkey, Argentina, Colombia, and several African countries such as Senegal, Benin, Rwanda, and Ivory Coast. Some countries have abolished it only for ordinary crimes while retaining it for exceptional circumstances like wartime offenses.
CRIMES WITH DEATH PENALTY
In Nigeria, the death penalty is prescribed for a wide range of serious offences under federal, state, and Sharia law. Key crimes punishable by death include:
• Murder
• Armed robbery
• Treason and conspiracy to treason
• Treachery
• Fabricating false evidence leading to the conviction of an innocent person
• Aiding the suicide of a child or a mentally ill person
• Kidnapping (recently made a capital offence in some states)
• Terrorism-related offences
• Cultism (involvement in secret cult groups)
Under Sharia law (applicable in 12 northern states), additional capital offences include:
• Zina (adultery)
• Rape
• Sodomy
• Incest
• Witchcraft and juju offences
Methods of execution include hanging, firing squad, stoning, and since 2015, lethal injection (though rarely used) .
Recent high-profile death sentences involve cases of murder, rape, and kidnapping, such as the 2025 sentencing of a BRT driver for murder and rape, and the 2022 sentencing of a school proprietor for kidnapping and killing a child .
Nigeria’s legal system allows mandatory death sentences for some offences, limiting judicial discretion, which has raised human rights concerns .
CONSTITUTIONAL AND HUMAN RIGHTS SECTIONS RELEVANT TO DEATH ROW TRAUMA
1. Cruel, Inhuman, and Degrading Treatment / Torture: The conditions on death rows, including prolonged solitary confinement (23+ hours a day), sensory deprivation, minimal family contact, and decades-long waits, have been found to meet the international legal definition of torture and cruel, inhuman, and degrading treatment. This violates human rights norms such as the Mandela Rules and the right to humane treatment under U.S. and international law .
2. Right to Life and Protection Against Cruel Punishment: The death penalty itself is seen as a violation of the fundamental right to life. Prolonged time on death row, combined with harsh conditions, has been ruled in some international cases (e.g., IACHR ruling in Sequoyah v. United States) as a violation of protection against cruel and unusual punishment, implicating constitutional protections under the Eighth Amendment in the U.S. .
3. Due Process and Family Rights: The death penalty also infringes on constitutional rights related to due process and the right to family. The trauma extends to family members, whose constitutional rights to family integrity and protection from harm are violated by the psychological and social impacts of having a loved one on death row .
4. International Human Rights Obligations: U.S. states with death rows have been found in violation of international human rights obligations due to the use of indefinite solitary confinement and other harsh conditions, highlighting the conflict between U.S. practices and global human rights standards .
FOCUS ON TRAUMA AND INHUMANE TREATMENT OF DEATH ROW INMATES IN NIGERIA, THE KEY CONSTITUTIONAL AND LEGAL SECTIONS ARE:
1. Constitutional Provisions
Section 33(1) of the 1999 Constitution of Nigeria
This section guarantees the right to life but explicitly permits deprivation of life “in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.” This provision legally authorizes the death penalty in Nigeria .
Section 34(1)(a) of the 1999 Constitution
Guarantees the right to dignity of the human person, which can be invoked in arguments against inhumane or degrading treatment, including conditions on death row .
2. Relevant Laws Authorizing Capital Punishment
Criminal Code Act (LFN 1990) and Penal Code Act (LFN 1990)
These codes define capital offences and provide the statutory basis for death sentences in southern and northern Nigeria respectively .
Sharia Penal Code
Applicable in 12 Northern states, prescribing death penalty for offences like adultery, rape, sodomy, witchcraft, etc.
3. Judicial Interpretations
The Supreme Court of Nigeria has upheld the constitutionality of the death penalty in cases such as Onuoha Kalu v. State (1988), affirming that the death penalty is valid under Section 33(1) and not inherently cruel or degrading . Courts have generally rejected arguments that the death penalty per se amounts to torture or inhumane treatment, although there is growing debate about the conditions of imprisonment and execution methods.
TORTURE ASSOCIATED WITH DEATH ROW
The trauma experienced by people awaiting execution on Nigeria’s death row is profound, multifaceted, and well-documented both in court cases and human rights reports.
1. Prolonged Uncertainty and Waiting: Many inmates spend years, sometimes decades, waiting for execution, enduring extreme psychological distress due to the constant fear of death and uncertainty about their fate. Amnesty International highlights cases where appeals have been pending for 14, 17, or even 24 years, intensifying inmates’ mental suffering
2. Mental Torture Recognized by Nigerian Courts: Nigerian courts have explicitly acknowledged this trauma. Justice Olokoba, in a human rights case, stated that mental torture is an “inevitable consequence of a death sentence,” describing the condemned person’s experience as one of sorrow, anger, despondency, and extreme fear.
The Court of Appeal has also held that prolonged confinement on death row constitutes torture or inhuman treatment under the Constitution, emphasizing that death row inmates retain their right to dignity and protection from such treatment.
3. Death Row Syndrome and Psychological Decline: Similar to findings globally, Nigerian inmates suffer from “death row syndrome,” a psychological disorder caused by isolation, sensory deprivation, and the trauma of awaiting execution. This leads to hallucinations, cognitive decline, suicidal thoughts, and emotional breakdowns .
4. Physical and Environmental Conditions: Amnesty International reports that death row prisoners often live in extremely harsh conditions: they may witness executions from their cells, are forced to clean gallows after hangings, and suffer from overcrowding and poor sanitation. Such conditions exacerbate their trauma and feelings of dehumanization.
5. Torture and Abuse Before and During Detention: Many death row inmates’ confessions are extracted under torture by police, despite legal prohibitions against torture in Nigeria. Amnesty International found that 80% of inmates reported being beaten or threatened in police custody. This initial trauma compounds the suffering experienced while awaiting execution.
6. Physical Decline and Neglect: Some inmates, like Celestine Egbunuche, Nigeria’s oldest prisoner, suffer severe health deterioration on death row, including diabetes, failing eyesight, and mental confusion due to age and neglect . The lack of adequate medical care worsens their physical and mental suffering.
7. The trauma extends to families, who suffer stigma, ostracization, and psychological distress, becoming “secondary victims” of the death penalty. Families endure mental torture from the prolonged uncertainty and social isolation caused by having a relative on death row.
NOTABLE PEOPLE EXECUTED ON NIGERIA’S DEATH ROW
It is important to note that exact numbers of executed people are unclear, but dozens have been executed since independence, with sporadic executions in recent decades. Thousands remain on death row, often waiting years or decades under harsh conditions.
The Ogoni Nine (1995)
Perhaps the most internationally known case, nine activists from the Ogoni ethnic group, including Ken Saro-Wiwa, were executed by hanging after a military tribunal under General Sani Abacha’s regime. Their trial was widely condemned as politically motivated and unfair. Amnesty International described the executions as arbitrary and a grave miscarriage of justice .
Bartholomew Azubike Owoh, Lawal Akanni Ojuolape, and Bernard Ogedengbe (1985)
These three men were publicly executed by firing squad outside Kirikiri prison in Lagos after being convicted of illegal possession of cocaine and heroin under a military decree. They were among the first executed under the harsh military anti-crime laws of the 1980s .
Ogbomoro Omoregie, Apostle Igene, and Mark Omosowhota (2016)
Executed by hanging for murder and armed robbery, these were the last publicly reported executions in Nigeria as of 2016 .
Onuoha Kalu v The State
The Supreme Court affirmed that the death penalty does not violate the right to life (Section 33(1) of the 1999 Constitution) or human dignity under Nigerian law because the Constitution permits judicial executions. However, the case highlighted flaws such as the lack of judicial discretion in sentencing and growing capital offences. It remains the leading authority affirming the constitutionality of the death penalty in Nigeria .
James Ajulu & Ors v. Attorney General of Lagos State
This case challenged the mandatory death penalty as violating the right to dignity and protection from inhuman or degrading treatment (Section 34(1)(a) of the Constitution). The court acknowledged that mental torture is an inevitable consequence of the death sentence, and while upholding the death penalty itself, it declared the methods of execution (hanging or firing squad) unconstitutional as they violate human dignity .
Adeniji v. State and Okoro v. State
These cases reaffirmed that the death penalty is constitutionally valid under Nigerian law, emphasizing the legal framework permitting it.
Recent Case: Sunday Jackson
The Supreme Court upheld the death sentence of Sunday Jackson, who killed an attacker in self-defense. This case has drawn criticism for denying the right to self-defense and highlights ongoing concerns about fairness and human rights in death penalty cases .
Other notable Nigerians sentenced to death (though not necessarily executed) include military officers like Oladipo Diya and Lawan Gwadabe, and prominent figures such as Gracious David-West.
CASE STUDIES
Notable case studies illustrating the use and impact of the death penalty in Nigeria:
1. Increase in Death Sentences and Death Row Population (2023–2024)
In 2023, Nigeria imposed at least 246 new death sentences, a sharp rise of over 300% compared to 77 sentences in 2022. As of September 2024, about 3,590 people (3,517 men and 73 women) were on death row across Nigeria. Despite the increase in sentencing, no executions have been carried out since December 2016, largely due to reluctance by state governors to sign death warrants.
This situation has caused prolonged psychological trauma and stigma for inmates and their families, with studies showing that capital punishment does not provide therapeutic closure for victims’ families but often worsens their suffering .
2. Legislative Efforts to Abolish the Death Penalty (2024–2025)
Bills have been introduced in the Nigerian House of Representatives to remove the death penalty for federal offences such as murder, treason, and armed robbery from the Criminal and Penal Codes.
The Constitution of the Federal Republic of Nigeria (Sixth Alteration) Bill 2025 aims to amend Section 33 of the Constitution to abolish the death penalty entirely. These reforms are supported by human rights organizations and technical advisers working with parliamentarians to end capital punishment .
3. Human Rights Concerns and Due Process Violations
Reports indicate that Nigeria’s use of the death penalty often violates fair trial guarantees, with defendants in capital cases frequently denied due process.
The death penalty is applied even for crimes that do not involve intentional killing, and juveniles as young as 13 have been sentenced to death. The system disproportionately affects people from lower socio-economic backgrounds and victims of domestic violence who have killed their abusers
4. Impact on Families and Communities
Research shows that families of death row inmates suffer strong secondary trauma, including stigma and psychological distress. The widely held belief that executions help victims’ families heal is not supported by academic studies, which find that prolonged engagement with the justice system can be anti-therapeutic.
These case studies highlight the urgent need for Nigeria to reform its death penalty laws, improve judicial fairness, and address the severe human rights and psychological impacts on inmates and their families. The ongoing legislative efforts offer a promising path toward abolition and a more humane justice system.
LEGAL AND JUDICIAL ASPECTS OF THE DEATH PENALTY PROCESS, APPEALS, LEGAL REPRESENTATION, AND DIFFERENCES ACROSS JURISDICTIONS
Legal and Judicial Aspects of the Death Penalty
1. The Process of Sentencing to Death Row
Trial Phases: Capital cases typically involve two stages:
• Guilt Phase: the jury or judge determines if the defendant is guilty beyond reasonable doubt.
• Penalty Phase: if guilty, the jury considers aggravating factors (e.g., multiple victims, cruelty) and mitigating factors (e.g., mental illness, background) to decide whether to impose the death penalty. Victim impact statements may also be presented.
Jury Role: In many jurisdictions (e.g., most U.S. states), a unanimous jury recommendation is required before a death sentence can be imposed. Judges may pronounce the sentence but rely on jury findings .
2. Appeals and Post-Conviction Review
Direct Appeal: An automatic appeal to the highest state court reviews trial errors and the appropriateness of the death sentence. Both prosecution and defense submit briefs and oral arguments. The court may affirm, reverse, or modify the sentence .
• State Post-Conviction: Defendants can raise new issues beyond the trial record, such as ineffective counsel or newly discovered evidence. Strict deadlines apply, and failure to meet them can end appeals.
• Federal Habeas Corpus: This is the final stage for federal review of constitutional issues. It involves district courts, appellate courts, and potentially the U.S. Supreme Court. Relief can include overturning convictions or sentences.
• Executive Clemency: Governors or presidents may grant clemency, commuting death sentences or delaying executions, often as a last resort after judicial appeals are exhausted.
3. Legal Representation in Capital Cases
• Right to Effective Counsel: Established by Powell v. Alabama (1932), defendants have the right to competent legal representation with adequate time and resources to prepare their defense.
• Specialized Defense Attorneys: Death-row attorneys often require specialized training and must investigate mitigating factors thoroughly to provide an effective defense.
Challenges: Quality of representation varies, especially for indigent defendants. The Strickland v. Washington (1984) standard requires proving counsel’s ineffectiveness affected case outcomes.
• International Standards: Fair trial guarantees are non-negotiable in capital cases, requiring competent, independent, and impartial tribunals and effective legal assistance at all stages .
THE MORALITY OF CAPITAL PUNISHMENT.
1. Retributivist View:
Supporters argue that capital punishment is morally justified as a form of just retribution—the idea that those who commit the most serious crimes, like murder, forfeit their right to life. It is seen as a proportional punishment that restores moral balance and expresses society’s condemnation of heinous acts . This perspective distinguishes justice from mere revenge, emphasizing fairness and proportionality rather than emotional retaliation.
2. Utilitarian and Human Rights Critiques:
Opponents contend that state-sanctioned killing violates the fundamental right to life and human dignity, making the death penalty inherently immoral . They argue that taking a life as punishment perpetuates violence and degrades society’s moral fabric. Furthermore, capital punishment often fails to deter crime effectively, undermining utilitarian justifications based on public safety.
Justice vs. Revenge Debate
The justice system aims to administer punishment based on law and fairness, whereas revenge is an emotional, often disproportionate response. Critics of the death penalty highlight that it does not address root causes of crime or promote rehabilitation but simply eliminates offenders, which is more akin to revenge than justice .
Proponents maintain that the death penalty serves justice by holding offenders accountable in a way commensurate with their crimes, especially for the “worst of the worst”.
Impact of Wrongful Convictions
One of the strongest ethical arguments against the death penalty is the risk of executing innocent people. No justice system is infallible, and wrongful convictions occur due to errors, misconduct, or flawed evidence .
Since 1973, over 190 death row inmates in the U.S. alone have been exonerated, often through new DNA evidence, highlighting the irreversible nature of execution and the grave consequences of mistakes . The possibility of judicial murder—executing an innocent person—raises profound moral concerns that many argue outweigh any potential benefits of capital punishment .
The morality of the death penalty hinges on whether society views it as a just, proportional response to serious crimes or as an inherently violent, irreversible act that violates human rights and dignity. The debate balances the desire for justice and societal protection against the risks of error, discrimination, and the ethical cost of state-sanctioned killing. Many legal scholars, human rights advocates, and faith leaders call for abolition, emphasizing mercy, rehabilitation, and respect for life as higher moral imperatives .
Psychological Effects on Inmates
• Mental Torture and “Death Row Phenomenon: The combination of prolonged solitary confinement, uncertainty about execution dates, and sensory deprivation leads to severe mental health issues known as “death row syndrome.” Symptoms include anxiety, depression, hallucinations, cognitive decline, suicidal ideation, and emotional breakdowns .
• Prolonged Uncertainty: Many inmates spend years or decades awaiting execution, exacerbating psychological distress. The constant anticipation of death, combined with isolation, often results in a deterioration of mental and physical health .
• Impact on Prison Staff: The harsh environment and the responsibility of supervising condemned prisoners also negatively affect prison staff’s mental health, who may experience stress, trauma, and moral conflict.
RECOMMENDATION FOR NIGERIA ON THE DEATH PENALTY
1. Abolish the Death Penalty Completely: Nigeria should amend Section 33(1) of its 1999 Constitution to remove the death penalty as a permissible exception to the right to life, as proposed in the Constitution of the Federal Republic of Nigeria (Sixth Alteration) Bill 2025.
2. Replace with Humane Sentences: Life imprisonment or other long-term sentences should replace the death penalty, ensuring justice and public safety without resorting to irreversible punishment. This approach respects human dignity and reduces the risk of wrongful executions
3. Implement a Moratorium Pending Abolition: While legislative reform proceeds, Nigeria should impose a formal moratorium on executions, as successive presidents and governors have informally done since 1999. This would prevent further psychological trauma and human rights violations for death row inmates
4. Engage Citizens and Stakeholders: The government should conduct broad public consultations and stakeholder engagements to build consensus and educate Nigerians on the human rights, legal, and social implications of abolition. The Deputy Speaker has emphasized that the final decision rests with Nigerians and that public hearings will be held to ensure inclusive debate
5. Reform the Criminal Justice System: Nigeria should continue improving its legal and institutional frameworks to ensure fair trials, reduce wrongful convictions, and strengthen protections against torture and inhumane treatment, addressing root causes of the death penalty’s flaws
6. Honor International Human Rights Obligations: Abolition would bring Nigeria in line with international treaties and norms, such as the African Charter on Human and Peoples’ Rights and the Convention Against Torture, enhancing its global human rights standing.
CONCLUSION
In conclusion, Nigeria stands at a critical juncture in its approach to the death penalty. While the practice remains legally entrenched and widely applied, the growing awareness of its profound psychological trauma, inhumane conditions on death row, and the lack of deterrent effect has sparked serious calls for reform.
With over 3,600 inmates currently on death row and executions increasingly viewed as incompatible with human dignity and international human rights standards, there is a strong momentum towards abolition. Legislative efforts underway—including proposed constitutional amendments and bills to remove the death penalty from criminal laws—reflect this shift.
Abolishing capital punishment would align Nigeria with global trends, uphold the right to life and dignity, reduce systemic injustices, and mark a significant step toward a fairer, more humane justice system. Ending the death penalty is not only desirable but eminently possible, sending a powerful message that Nigeria values human rights and the inherent dignity of all its citizens.
About The Author:
Oluwaleye Adedoyin Grace writes from Faculty of Law, Ahmadu Bello University, Zaria, Kaduna State. She can be reached at: [email protected]/ 08106289069 or 08155618455
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