Despite courts handing down capital punishment, thousands of convicts remain on death row in Nigeria, their fate stalled not by legal hurdles but by the inaction of state governors who are constitutionally empowered to sign execution warrants.
Findings by the News Agency of Nigeria (NAN) reveal that a mix of personal, political, and systemic reasons is behind the prolonged delays.
Many governors reportedly shy away from endorsing executions due to personal religious and moral convictions.
Both Christianity and Islam, Nigeria’s two dominant faiths, emphasise mercy, forgiveness, and the sanctity of life.
This ethical dilemma, according to experts, weighs heavily on political office holders.
From Kaduna to Kano and Katsina, officials say fear of executing the wrong person is another major concern. Nigeria’s justice system has long faced criticism for flawed investigations, prolonged trials, and inadequate legal representation, making wrongful convictions a genuine threat.
Political sensitivity also plays a role. Governors risk alienating human rights advocates, religious bodies, and sections of the electorate who oppose the death penalty.
The international dimension adds further pressure; Nigeria’s status as a signatory to several human rights treaties often discourages political leaders from enforcing capital punishment.
The appeals process also complicates matters. Convicts sentenced to death typically pursue appeals through the Court of Appeal and Supreme Court, a journey that can take 10 to 20 years.
Some governors argue that executions should only proceed after all legal avenues have been fully exhausted.
As a result, executions are rarely carried out, effectively creating a moratorium that leaves prisons overcrowded and inmates in indefinite limbo.
This has sparked a wave of debate and calls for constitutional reform.
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In Kano, opinions are sharply divided. While some residents argue that the persistent refusal of governors to act renders the death penalty provision obsolete, others believe the punishment remains a necessary deterrent.
Prof Yahaya Bunkure of Bayero University supports retaining Section 212 of the Nigerian Constitution, which grants governors the final say on executions.
However, he recommends amending the section to make adherence to the law mandatory and procedural safeguards more robust.
“This amendment should ensure all possible avenues, including amnesty and due process, are exhausted. It reinforces the integrity of our judicial system and makes mercy and justice obligations, not choices,” he said.
On the other hand, Alhaji Abubakar Malam of Unguwar Wambai suggests offering life imprisonment as an alternative, while asserting that clear criteria should regulate the governor’s power of mercy.
For others like Alhaji Abdulsalam Mohammad of Tarauni, the long-standing reluctance of governors to act is unacceptable.
He recommends a strict timeline, such as signing within three months of the final judgment, to uphold the rule of law and deter criminality.
“Many of those on death row have exhausted their appeals. Governors must stop dodging their duty. The law must be enforced to avoid sending the wrong message to society,” he said.
Residents like Mr Paul Israel of Sabon Gari argue that notorious criminals should face justice without undue delay.
He warned that inaction contributes to prison overcrowding and raises the risk of hardened criminals returning to society if pardoned or released.
Some critics allege corruption and political calculation are at play, noting that military-era leaders were more willing to sign death warrants. Mr Friday John took a contrasting view, advocating for the complete abolition of capital punishment, pointing to the global trend among developed countries.
Alhaji Musa Abdullahi of Hotoro opposed abolition and called on governors to fulfil their legal responsibilities. “If you don’t punish crimes like treason, homicide, or armed robbery, you embolden others. The death penalty deters, but only if enforced,” he insisted.
In Katsina State, legal practitioner Abdullahi Muhammad went further, proposing a total removal of governors’ involvement in executions. “We need to change the law. Let the courts handle it. Governors have turned it into a political football,” he said, stressing the cost to the government and impact on overcrowded prisons.
Muhammad emphasised that many death row inmates have exhausted their legal options but continue to languish in correctional facilities without closure or resolution.
As the debate continues, one thing is clear: Nigeria’s capital punishment system is stuck in limbo. Whether through reform, abolition, or stricter enforcement, change is inevitable.
