1. Funded by the European Union, Agence Française de Développement
and Netherlands Embassy
AVOCATS SANS FRONTIERES
France
EUROPEAN UNION
LAWYERS WITHOUT BORDERS FRANCE
Final report on the death penalty in Nigeria (2011-2014)
July 2014
SAVING LIVES project
3. 3
Acknowledgements 4
Introduction 5
1. SALI presentation 5
1.1. ASF France 5
1.2. SALI project description 5
2. Background information on the death penalty 7
2.1. International context - legal framework and practice 7
2.2. Regional context - legal framework and practice 8
2.3. National context - the death penalty in Nigeria 8
Assessment of SALI’s achievements on the death penalty in Nigeria 10
1. SALI activity 1: Capacity building for lawyers 10
1.1. Initial training 10
1.2. Legal workshops 11
2. SALI activity 2: Providing free legal assistance to inmates 12
2.1. Legal aid and the network of support lawyers 12
2.2. Two symbolic cases: ECOWAS requests 13
3. SALI activity 3: Raising awareness for political and judicial stakeholders 14
3.1. Official SALI launch: kick-off meeting 14
3.2. Conferences raising awareness among stakeholders 15
3.3. Practical workshops 16
4. SALI activity 4: Strengthening advocacy and communication 17
4.1. Campaigns and media 17
4.2. Advocacy visits 18
4.3. Radio jingles 18
4.4. Website 19
Conclusion 20
Recommendations 21
Bibliography 22
Table of contents
4. 4
This report was drafted under the direction of:
- Jean-Sébastien Mariez, Cécile Ostier (ASF France lawyers, Project Managers)
- Elodie Soulard (ASF France, Nigeria Coordinator)
Acknowledgements
Avocats Sans Frontières France would like to thank the following:
- Support-lawyers: Noah Ajare (Abuja), Mathew Idoko (Benue), Patricia Iyomon (Edo), Vincent Soligbo
(Kaduna), Shafi Bara’u (Katsina), Dr. Abiodun Odusote (Lagos), Lydia Umar (Plateau)
- The National Human Rights Commission: Ben Angwe (Executive Secretary), Oti Ovrawah, Harry
Obe, Morphy Okwa (focal persons); Zainab Gbobaniyi, Joshua Yyoyer, Osadolor Nicolars, Binta Inna
(resource persons)
- The Nigerian Bar Association: Osita Okoro (Director), John Demide, Chinelo Agbala (focal persons);
Mustapha Adekola, Sunday B. Onu, Muritala Kaseem, Biodun Olasupo, Ambrose Ikpa, Ayo Adewale
and Oryane C. Akele (resource persons)
- Access to Justice: Joseph Otteh (Executive Director), Chinelo Chinweze (SALI focal person)
- All participants of SALI workshops and conferences
With the contribution of:
- Virginie Lefebvre; Marine Farshian; Jessica Lescs; Lalita Korzybska; Audrey Roelandt
- Students of the Institut d’Etudes Politiques in Toulouse: Mathilde, Emilie, Alice and Constance
The SALI project was implemented by:
- ASF Nigeria team: Angela Uwandu (Head of Office), Kolawole Ogunbiyi (SALI Legal Manager),
Esther Akpa (Communications Officer)
- With the contribution of ASF Nigeria group’s volunteer lawyers
Donors:
- European Union
- Agence Française de Développement
- Netherlands Embassy
5. 5
ASF France is a French non-governmental organi-
sation promoting and defending fundamental hu-
man rights since 1998; working alongside global
organisations, assisting lawyers in the defence of
crucial cases and providing them with various trai-
ning.
Its mandate is to defend fundamental human rights
by sustaining the development of the rule of law,
access to justice, the fight against injustice and
the right to a fair trial; through the defence work of
independent and impartial lawyers.
ASF France is a member of the World Coalition
Against the Death Penalty (WCADP), giving it addi-
tional support to implement activities.
WCADP is an alliance of more than 150 NGOs, bar
associations, local authorities and unions, aiming
to strengthen the international dimension of the
fight against the death penalty.
ASF France has been active in Nigeria since 2001
following its intervention in the famous Amina
Lawal case. Subsequently, it began promoting the
development of legal aid and providing assistance
in the defence of human rights cases, especially in
the fight against torture and other inhuman, cruel
or degrading treatment. An ASF France office was
opened in Abuja, the capital city of Nigeria in 2009.
ASF France is working with its local partners on two
main issues: torture and death penalty abolition.
Introduction
1.1. ASF France
Partners :
- The National Human Rights Commission (NHRC)
- The Nigerian Bar Association (NBA)
- Access to Justice (AJ)
Target States :
Abuja, Benue, Edo, Kaduna, Katsina, Lagos,
Plateau 1
Objectives :
Contribute to legal and legislative changes towards
a restrictive pronouncement of capital punishment
in Nigeria.
Four key activities :
- Capacity-building for lawyers to improve their
abilities on capital punishment cases
- Free legal aid for prisoners on death row and those
charged with capital offences, awaiting trial
- Raising awareness on death penalty issues, fair
trial and detention conditions
- Advocacy and communication on death penalty
issues
Target groups :
- Lawyers and other judicial stakeholders including
Judges, Public Prosecutors and Ministries of
Justice in the project States
- Prison staff
- Police officers
- Political stakeholders including members of
Parliament and Governors
- Civil society actors including local
- NGOs, grassroots organisations and community
leaders
- Media
Final beneficiaries :
- Prisoners sentenced to death
- Inmates awaiting trial and likely to incur the death
penalty
Funding :
- European Union
- Agence Française de Développement
- Netherlands Embassy
1.2. SALI project description
Strengthening the role of lawyers to fight against the death penalty
1
The project targeted three of the “Big Five Prisons” - Jos (Plateau), Kaduna, Lagos - which are the prisons where all the
convicts sentenced to death are supposedly detained. It also targeted four States where most of the death sentences are
pronounced : Abuja Federal Capital Territory, Benue, Edo and Katsina.
SAVING LIVES (SALI):
A project implemented by Avocats Sans Frontières France (ASF France) : 17 January 2011 – 16 July 2014
6. 6
SALI’s main objective was to contribute to legal
and legislative changes towards a restrictive pro-
nouncement of capital punishment in Nigeria. This
was achieved by strengthening the moratorium
on executions and setting a new jurisprudence
based on international standards – assuring legal
guarantees for prisoners and the respect of their
fundamental rights. It also aimed to reduce the nu-
mber of people charged with capital offences, and
sentenced to death at trial; with the commitment
of civil society, political and judicial stakeholders,
especially lawyers.
It should be noted that the implementation of acti-
vities was mainly hindered by the security situa-
tion experienced during the time of the project.
The target States in the north were narrowed down
to Kaduna, Katsina and Plateau as all activities
in Borno became impossible in 2011 due to the
security situation.
Abuja
Edo
Kaduna
Lagos
Plateau
Benue
Katsina
The SALI project took place in seven target States.
Abuja, Benue, Edo, Kaduna, Katsina, Lagos and Plateau
Among them, three prisons are part of the “Big five prisons”: Jos, Kaduna, Lagos.
7. 7
Capital punishment or the death penalty is a legal
process whereby a person is put to death by the
state as a punishment for a crime. The judicial de-
cree that someone be punished in this manner is a
death sentence, while the actual enforcement is an
execution. Crimes that can result in a death penalty
are known as capital crimes or capital offenses.
2. Background information on the death penalty
In 2013 Amnesty International recorded execu-
tions in twenty-two countries, one more than
in 2012 and a significant rise in the number of
people executed during the year (seven hundred
seventy-eight executions reported). Despite these
recent worrying developments, the overall trend is
still firmly towards abolition.
At the end of 2013, ninety-eight countries in the
world had abolished the death penalty in law for all
crimes and one hundred forty countries have abo-
lished the death penalty in law or practice2
.
2.1. International context – legal framework and practice
International Instruments Decision/ Impact Signed by Nigeria Ratified by Nigeria
International Covenant on Civil
and Political Rights (ICCPR)
(1976)
Art.6: restricts death penalty to the
«most serious crimes» and forbids it
to be used on children and pregnant
women.
Art.7: prohibits torture and cruel,
inhuman or degrading punishment.
Art.14,15,16: procedural fairness in
law.
Yes Yes
First Optional Protocol to the
ICCPR (1976)
establishes an individual complaints
mechanism.
No No
Second Optional Protocol to
the ICCPR (1991)
abolition of the death penalty No No
UN Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment or
Punishment (1987)
prevent torture and cruel, inhuman
degrading treatment or punishment
around the world
Yes Yes
UN Convention on the Rights of
the Child (1990)
forbids capital punishment for
children.
Yes Yes
Universal Declaration of Human
Rights (1948)
Art.3: recognises each person’s
right to life.
Art.5: against torture, cruel,
inhuman or degrading treatment/
punishment.
- -
UN resolution 62-149 (2007) moratorium on the death penalty - -
UN resolution 2005/59 (2005) abolition of death penalty as the
right to life and enhancement
of human dignity and to the
progressive development of human
rights.
- -
2
Source: Amnesty International.
Several international human rights instruments adopted at the international level regulate the death
penalty:
8. 8
Regional Instruments Decision/ Impact Signed by NIgeria Ratified by Nigeria
African Charter on the Rights and
Welfare of the Child (1999)
Art.5: abolishes the death penalty
for children
Yes Yes
African Charter on Human and
Peoples’ Rights (1981)
Art.4&5: right to life, liberty
Art.3&7: right to a fair trial
Yes Yes
Protocol to African Charter on
Human and Peoples’ Rights on the
Rights of Women in Africa (2003)
Art.4: rights to life, integrity and
security of the person
Yes Yes
Protocol to the African Charter on
Human and Peoples’ Rights on the
Establishment of the African Court
on Human and Peoples’ Rights
establishment of the African Court
on Human and Peoples’ Rights
Yes Yes
Arab Charter on Human Rights
(1994)
Art.5: right to life
Art.12: pregnant women
Art.13: torture
Art.38.b: special protection for
families, mothers, children and aged
Yes Yes
At the regional level, several human rights instruments are relevant to death penalty regulation:
In 1804 politico-religious leader Usman dan Fodio
established a Muslim State where the application
of legal principles, including the death penalty,
was based on a strict conformity with Sharia law.
This penal system plans the punishment of mur-
ders and other types of offences in interperso-
nal relations (theft, adultery) by executing the
culprits.
British colonisation harmonised the legal systems
of the kingdoms of the north and the south which
had been essentially based on the customs in force
in each of these areas; and the legal unification of
Nigeria became effective in 1914. During Nigeria’s
British colonisation, the customary laws were gra-
dually replaced by common law. British colonisers
wanted to apply the death penalty essentially to pu-
nish homicides thus greatly diminishing the number
of crimes punishable by the death penalty under
common law to two: intentional homicide and trea-
son. This legal unification was hindered by Sharia
law principles in northern States, which plan the
application of the death penalty for certain crimes.
This coexistence of principles stemming from
common law with customary laws for some States
in the north constitutes one of the originalities of
the penal system of independent Nigeria.
Since 1960, Nigeria’s independence, the death
penalty had been characterised both by intensifi-
cation and extension of its application. Since its
declaration of independence, Nigeria had been
ruled by several military regimes under which
the category of crimes liable to the death penalty
was considerably widened, raising the number of
people executed to several thousand per year, on
average.
The restoration of democracy in 1999 corresponds
to a major decline in the number of people sen-
tenced to death. In the last decade, the Nigerian
legal system now based on British common law,
Islamic law and tribal conventions, has seen the
expansion of Sharia criminal law. States imple-
menting Sharia law (ten northern States) extended
the death penalty’s scope of application, among
others to private-law actions.
2.3. National context - the death penalty in Nigeria
History of the death penalty in Nigeria:
2.2. Regional context - legal framework and practice
Nigeria is part of the Economic Community Of
West African States (ECOWAS). Among all the
fifteen states that compose the Community,
Nigeria is the only member, along with Gambia
and Liberia, which still applies the death sentence.
Furthermore, Nigeria recognises the authority of
the ECOWAS Court of Justice, which has deve-
loped a jurisdiction in the field of human rights
since October 2008 , accepting the African Charter
of Human and People’s Rights.
9. 9
4
http://www.saving-lives.com.ng/index.php?option=com_content&view=article&id=163&Itemid=79
National legal instruments against the death penalty
National Instruments Decision/ Impact
Constitution of the Federal Republic
of Nigeria (1999)
s.46: right to bring an application before the high court where any of the rights
guaranteed under chp.4 of the Constitution is being or is likely to be contravened
s.33: right to life, “save in execution of the sentence of a court in respect of a
criminal offence of which he has been found guilty in Nigeria”
s.34, 35 & 36: outlaws torture, inhuman or degrading treatment, slavery, servitude,
forced labour ; protects dignity of human person, personal liberty and fair hearing
Fundamental Rights Enforcement
Procedure Rules (2009)
enforcement of violated rights
Nigeria constituted a national study group on the
death penalty. However, on 24 June 2013, four in-
mates were executed in Edo State, even though
the appeal trials were still pending4
. They sounded
the death knell of the self-imposed moratorium on
executions instituted by federal law in 2006. They
also questioned the respect of the international
duties of Nigeria regarding human rights and de-
tention conditions. In April 2014, one thousand
two hundred prisoners were on death row across
all target States.
The death penalty in Nigeria is a central political
issue, not only for the African continent (Nigeria is
the most populous country), but also for members
of the international community.
This report will assess to what extent SALI project
activities, implemented between 2011 and 2014,
have contributed to legal and legislative changes
towards a restrictive pronouncement of the capital
punishment in Nigeria.
10. 10
Initial training for support-lawyers and lawyers
from partner organisations was held in Abuja
for three days from 20 – 22 July 2011. Two ASF
France lawyers were in charge of this activity.
The purpose of this training was to expose parti-
cipants to national and international texts on the
death penalty, with a view on how to improve the
conditions of people on death row as well as in-
crease public awareness on the issue. The parti-
cipants were the seven support-lawyers, fourteen
NBA lawyers and a representative of the Constitu-
tional Rights Project (CRP).
The training was designed as a practical and in-
teractive session to provide knowledge, methods
and tools which could be directly put into prac-
tice. During this session, ASF France presented
the project and its global methodology, as well
as communication channels and its expectations
towards support-lawyers.
Intensive and interactive sessions on issues
related to the death penalty such as the rules of
fair trial, the minimum standards of detention
conditions and human rights in general as stated
in the international instruments were included.
The training also focused on national, regional and
international legal instruments on the death penalty.
Regarding laws and procedures at the national le-
vel, the participants worked on the Constitution,
Penal Code, Criminal Code, Sharia Penal Codes,
remedies and jurisprudence linked to the death
penalty in Nigeria.
In order to prepare the training, a compilation of
relevant legal texts, interesting articles and exer-
cises had been assembled and distributed to the
participants. This compilation was the first step of
the publication of a book on the rule of fair trial,
conditions of detention and the death penalty;
and the first step of a booklet on national reme-
The first type of activity included in the SALI project
was to organise capacity-building activities in
order to improve the abilities of support-lawyers
and partner-lawyers on capital punishment cases.
ASF France put a lot of emphasis on this activity
because the sustainability of the action was based
on the involvement of the target groups and the
multiplier effects they would be able to initiate.
At the end of the project, the objective was for
the partner organisations to have at their dispo-
sal a pool of well trained lawyers with experience
in defending capital punishment cases and able
to conceive and lead training sessions / aware-
ness-raising activities as well as draw up advocacy
actions. As a result, these lawyers should be able
to initiate multiplier effects within their institutions,
the judiciary or civil society organisations through
training or awareness-raising and advocacy acti-
vities.
Assessment of SALI’s achievements on the
1. SALI activity 1: Capacity building for lawyers
1.1. Initial training for lawyers
Participants of the initial training in July 2011
11. 11
dies and jurisprudence on the death penalty, which
were distributed to legal and judicial stakeholders
during practical workshops (see p. 16).
The expectations of this training were to train sup-
port-lawyers according to their mission and ex-
pected results; to make NBA lawyers understand
their roles as resource persons; for all trainees to
learn about the main arguments in favour of abo-
lition of the death penalty and to get to know the
legal instruments to avoid the pronouncement of
the death sentence or fight against a verdict of ca-
pital punishment, to identify national and regional
remedies on human rights issues, and to specify
and consolidate the “strategic litigation” and “ad-
vocacy” activities on the basis of trainees’ contri-
butions.
This training session allowed members of the team
to get acquainted and to become familiar with
the SALI project and the working methods of ASF
France, as well as to improve their knowledge on
death penalty issues. This initial training further
broadened the support-lawyers’ knowledge on
human rights issues and practices particularly on
the right to life.
The initial training provided the opportunity to
create a core team, to bring the support-lawyers
together and to shape modalities to design a
network in each of the target States.
According to the evaluation sheets, the initial trai-
ning activities were rated by most lawyers partici-
pating as “very interesting”. Half of them judged
the content provided as “excellent” and the other
half as “good”. Most of the participants conside-
red that the topics during the session were “very
relevant” and interesting”, according to their ex-
pectations (31% “excellent”, 53% “good”). To a
large extent, they also considered that the objec-
tives of the training had been achieved during the
three-day session. 53% of the participants judged
this training session had been “absolutely neces-
sary in their work within the SALI project”; 42%
judged it “very useful”. The positive feedback en-
abled the project to reach one of its first objectives
- to increase lawyers’ capacity-building.
death penalty in Nigeria
1.2. Legal workshops for lawyers
The three-day initial training had been comple-
mented by several one-day legal workshops
organised in Abuja. The legal workshops provided
continuous training on legal issues related to the
death penalty.
During the workshops led by the ASF Abuja office
Legal Manager together with one NBA and one
NHRC lawyer, the seven support-lawyers worked
together on difficult cases familiar to each of them
respectively; in order to share information, expe-
rience and good practice. The participation of NBA
and NHRC lawyers allowed for the reinforcement
of their capacities in handling difficult cases. Mee-
ting on a regular basis was also a way to continue
building their knowledge and skills following the
three-day initial training.
These workshops were an opportunity to assess
the support-lawyers’ needs and progress. Accor-
ding to assessments made, the workshops fo-
cused on a specific issue or theme and the content
was adapted to fit the difficulties/challenges met
by the support-lawyers at each workshop. The
aim of these legal workshops was for them to be
platforms for the exchange of ideas and expe-
rience-sharing amongst support-lawyers; to proffer
solutions to challenges faced by support-lawyers
in the course of their duties, and to improve the
efficiency and work delivery of support-lawyers
through interactions.
The capacities of support-lawyers were in-
deed strengthened with the organisation of legal
workshops through which they had the oppor-
tunity to exchange experiences, advice and to
refine the judicial strategies to be implemented.
Participants shared challenges experienced in
each State and proposed recommendations. Each
support-lawyer could make short presentations
on his/her work focusing on the successes and
challenges met. The workshop gave ASF France
and its partners the opportunity to assess the work
of each support-lawyer. Recommendations were
made by other support-lawyers and SALI partners
on how to tackle and overcome each challenge.
Legal workshops were also an opportunity for
ASF France project managers (Head of Office
and Senior Lawyer) to remind support-lawyers as
to their duties to implement legal aid activities, in
particular regarding the identification of cases and
reporting process (see Activity 2). For instance, in
January 2014, support-lawyers were informed as
to the follow-up of the two applications that had
been filed before the ECOWAS Court (see p. 13).
They were also reminded of their strategic role in
maintaining and strengthening contact with local
stakeholders in order to facilitate the implementa-
tion of activities (prison staff, members of the Pre-
rogative of Mercy Committees and legislators, in
particular).
12. 12
In order to put in place the free legal assistance ac-
tivity, the SALI team recruited support-lawyers from
different target States. The network built for the
project was composed by seven support-lawyers,
the ASF Legal Manager, NHRC and NBA lawyers.
After seven support-lawyers had been recruited,
their first mission was to identify local actors in
the criminal justice system to facilitate the contact
and the work. Then, they had to identify those who
could benefit from free legal assistance by up-
dating a list of inmates on death row and those
awaiting a trial which was likely to lead to a death
sentence.
The legal aid provided by the support-lawyers had
different aspects:
- Regular visits to the prison to identify the needs
of the prisoners in all target States.
- Individual follow-ups.
- Investigating the existence of a committee
of prerogative of mercy who advises and
recommends to his Excellency the Governor
who deserves this privilege. Such a committee
exists in each State however they are not all
functional.
The missions of the support-lawyers on a day-to-
day basis aimed at preparing court cases/applica-
tions, compiling appeals, being present at hearings.
The SALI project team ran one of the biggest and
most efficient free legal aid program in Nigeria
through a network of pro bono lawyers which
rendered free legal assistance to victims of hu-
man rights abuses. The success of this legal aid
program is obvious as it established new juris-
prudence and set precedents in human rights en-
forcement. As of May 2014, the lawyers identified
one hundred forty-nine cases in the seven target
States and all these people benefited from free
legal service throughout the duration of the SALI
project. In Lagos State for instance, seven inmates
were released on court order, in Kaduna six priso-
ners charged with capital offences were also re-
leased on court order. In total, thirty-five inmates
were released during the project and eighty-eight
cases are still ongoing before the different courts.
The team also succeeded in the request of pre-
rogative of mercy by the governor in the target
States. Out of nineteen requests, seven preroga-
tives of mercy were granted.
The partnership went very well, especially with
the NRHC whose action facilitated the work of the
support-lawyers on the ground and in arranging
contacts with the authorities.
2. SALI activity 2: Providing free legal assistance to inmates
A key SALI activity aimed at providing judicial
assistance to prisoners on death row as well as
inmates awaiting their trial, through the pro bono
action of seven support-lawyers in target States.
Indeed, prisoners facing the death penalty should
have access to justice and their rights should be
respected. These inmates must know their rights
and must be given the opportunity to be assisted
for free by a lawyer.
2.1. Legal aid and the network of support-lawyers
- Send letters of prerogative of mercy to the
governors pending when appeals will be filed in
approved cases.
- Since funds are not required to file appeal cases
for pro bono, support-lawyers should endeavour to
approach the Court of Appeal for cases where they
have already obtained records of proceedings.
- Regularly visit and update stakeholders in their
States on their SALI activities.
- Collaborate with colleagues and partners in other
States when preparing Court cases within the SALI
project.
- Always notify the rest of the support-lawyers, ASF
France and partners whenever coming across
new legal authority in favour of SALI project
applications.
Examples of the recommendations made to the support-lawyers:
In the opinion of the support-lawyers and partners,
the legal workshops were a good initiative. It was
an avenue for lawyers working on the project to
brainstorm together, share their challenges and
successes recorded in order to motivate each
other and learn from each other’s experience.
13. 13
The first case presented to the Court was Mr
Thankgod Ehbos’ case5
. He had been on death
row in Edo State since 1995, after being sentenced
to death by a military tribunal. He faced imminent
death having been alongside four other inmates
who were executed in June 2013; breaking off the
seven year-long moratorium. The ASF team in Ni-
geria was concerned by his potential transfer to
a different prison for execution, so it instituted an
action against the State and federal governments
at the ECOWAS Court of Justice; seeking an in-
junction to prevent respondents from executing
Mr.Thankgod while his case was still before the
Court. The ECOWAS Court of Justice established
a proof of desire to appeal, rendering any move
to enforce Mr. Thankgod’s death sentence a viola-
tion of article (4) of the African Charter on Human
and People’s Rights. This made the execution of
Mr. Thankgod an “arbitrary deprivation of theright
of life”. This first success at the ECOWAS Court
in January 20146
had a major impact on the pro-
ject, illustrating its credibility. In its final judgment
in June 2014, the court ordered the Nigerian go-
vernment to remove Thankgod’s name from death
row as any attempt to execute him while his appeal
was still pending in the Court of Appeal would be a
gross violation of his right to appeal as contained
in section 6 subsection 4 of ICCPR8
.
However, one of the major challenges faced by the
support-lawyers was that access was often denied
by the prison officials for “security reasons” in the
case of inmates sentenced to death.
Feedback is expected from the former inmates
who received help from support-lawyers. Their ex-
perience could enhance the project’s impact.
Case of Mr Thankgod Ehbos
Case of Maimuna Abdulmini
The second case filed before the ECOWAS Court
by ASF France was Maimuna Abdulmumini’s case.
She was sentenced to death in 2012 by a Katsina
High Court, for a crime she committed while she
was allegedly a minor. The court regarded this case
as urgent and in February 2014, granted stay of
execution to protect Maimuna from any action that
could violate the principles of a fair hearing7
. The
court even alluded to the practice where prisoners
on death row are executed while their appeal is still
pending before the national court, a clear violation
of the principles of a fair hearing. Thus the need
for urgency was determined and an accelerated
hearing was granted. In its final judgment in June
2014, the presiding judge, declared that pronoun-
cing the death sentence on Maimuna for an offence
she committed as a minor was a breach of article 6
subsection 5 of the International Covenant on Civil
and Political Rights (ICCPR). The court awarded
Maimuna N5 million in damages and N500,000 to
cover trial costs8
. This case underlines the thorny
situation of fundamental human rights in Nigeria,
such as the imposition of the death sentence on
inmates below the age of eighteen. Such an exe-
cution is a clear contravention of the principles of
international human rights laws, which prohibit the
imposition of the death sentence on offenders un-
der the age of eighteen. The case’s successful out-
come will impact the situation of many detainees
not only in Nigeria but also in other countries.
5
SALI press release: http://www.saving-lives.com.ng/index.php?option=com_content&view=article&id=174&Itemid=79
6
ASF France press release: http://www.saving-lives.com.ng/doc/ECOWAS.pdf
7
EU press release: http://www.saving-lives.com.ng/doc/ASFFP.pdf
8
ASF France press release: EU press release: http://www.saving-lives.com.ng/doc/ASFFJUNE14.pdf
2.2. Two symbolic cases: ECOWAS requests
ASF France in Nigeria successfully presented two
requests to the Economic Community Of West
African States (ECOWAS) Court of Justice on
cases of extremely serious and intolerable human
rights abuse.
The decisions of the regional court gave credit and
international support to ASF France’s battle and its
partners to strengthen the role of lawyers fighting
against the death penalty and to participate in le-
gal and legislative changes to the criminal justice
system in Nigeria.
14. 14
9
Angela Uwandu, ASF France Head of Office in Nigeria
10
EU press release: http://www.saving-lives.com.ng/doc/ASFFJUNE14.pdf
“By its judgment, the ECOWAS court has shown
commitment to ensuring strict adherence to due
process and the right to defence as it relates to
detainees on death row. In the wake of the exe-
cutions in Edo last year, this Judgment cements
a step in the move to firmly establish respect for
fundamental human rights in the Nigerian legal
system”9
.
Indeed, Article 15(4) of the ECOWAS Treaty makes
the Judgment of the Court binding on member
States, including Nigeria. The finality and enfor-
ceability of the Court’s decisions is also provided
for in the 1991 Protocol. Article 24 of the Supple-
mentary Protocol of the Court and Article 77 of the
ECOWAS Treaty empowers the Court to sanction
non compliance with judgments made.10
3. SALI activity 3: Raising awareness for political and judicial
stakeholders
Awareness-raising activities were organised on
death penalty issues, fair trial and detention condi-
tions for civil society, political and judicial stakehol-
ders in the seven target States of the project.
This activity’s aim was to thoroughly acquaint the
principal decision and opinion makers from the
judicial and political circles of the seven target
States with the project, and give them an overview
of the death penalty issues at stake; creating a dy-
namic avenue for more qualitative interaction and
cross fertilisation of ideas among stakeholders.
The kick-off meeting
3.1. Official SALI launch: kick-off meeting
This one-day kick-off meeting (27 March 2012 in
Abuja) presented the platform for stakeholders in
the criminal justice system to re-launch the debate
on the death penalty issue in Nigeria. The confe-
rence had in attendance the representatives of
the Chief Justice of Nigeria, the Attorney General
of Federation/ Minister of Justice of Nigeria, the
Chairman Senate Committee on Judiciary and Le-
gal Matters, Representative of the Ambassador of
the European Union Delegation to Nigeria, High
Commissioners, members of the diplomatic corps,
Attorneys General from the project’s target States,
parliamentarians, prison officials, key stakeholders
in the criminal justice system from the project’s
target States and the Federal Capital Territory,
representatives of the international cooperation,
civil society organisations and media.
Discussionsinvolvedtheglobaltrendleaningtowar-
ds the abolition of the death penalty as it has been
described as inhuman and degrading treatment
by a majority of lawyers as well as ineffective as
a deterrent to crime. International perspectives on
the abolition of the death penalty were brought up,
outlining the challenges faced in Uganda in aboli-
shing the death penalty and the strategies adopted
in achieving a successful campaign, as an interes-
ting comparison to Nigeria. National perspectives
suggested regarded roles that could be played by
different stakeholders in the fight against death
penalty issues, emphasising the need to engage
15. 15
One awareness-raising conference was initially
planned to take place in each target State; howe-
ver, due to security matters, a strategic change
had to be made: three conferences were cancelled
in the northern States of Katsina, Kaduna and
Plateau. A more discrete approach was adopted
in those States, being more relevant and safer for
the team.
The goal of the conferences was to raise aware-
ness on issues such as the death penalty, fair trials
and detention conditions. Civil society groups,
political and judicial stakeholders as well as po-
lice and prison staff were invited to participate.
Four awareness-raising conferences took place in
four different States, with a total of one hundred
twenty-eight people attending and approximately
three hundred twenty leaflets given to participants.
The goals and the agenda of the conferences were
the same, as was the quality of the participants: re-
presentatives of the State Judiciary, Executive and
Legislative as well as civil society organisations
and the media. Some of the key stakeholders and
their representatives who were present each time
were the Attorney General, Controller of Prisons,
Speaker of the State House Assembly and Director
of Public Prosecution and the Commissioner of
Police. Some of these key stakeholders appeared
to be in favour of the abolition of the death penalty.
The four SALI awareness conferences took place
in 2012 in the States of Benue, Edo and Lagos and
in 2013 in Abuja. At each conference, a consensus
was reached among participants: the criminal sys-
tem should be reformed in Nigeria by abolishing
the death penalty for crimes where the loss of life
has not occurred.
BenueSate:thirty-fourparticipants–11June2012:
In addition to the resolution already presented, the
participants also agreed on some of the following
points: the NBA should drive a synergy between
the criminal justice system stakeholders in order
for them to cooperate; the media should be more
involved in reporting unfair trials cases.
EdoState:twenty-nineparticipants–13June2012:
In addition to the general consensus already men-
tioned, the stakeholders agreed on elements that
are interesting to mention: the abolition of the
death sentence in Nigeria should be carried out
as a gradual process, since in others parts of the
world where it had been abolished mentalities
still took more time to change; the need to create
awareness on this issue in civil society (hoping that
the same stakeholders participating in the aware-
ness-raising conference would participate in this
as well); the legislative body, at both State and
Federal level, must be better informed on alterna-
tive punishments to the death sentence.
Lagos State: thirty participants – 15 June 2012:
Listed below are a few resolutions made that are
different from the ones already mentioned: trials
should be faster for all criminal cases; the police
should ensure that people have access to lawyers
at all stages; aid lawyers should have guaranteed
funds; the Nigerian Police Force should also have
adequate funding; the office of the Director of Pu-
blic Prosecution should be involved at the investi-
gative stage.
Abuja: thirty-five participants – 10 October 2013:
This conference was slightly different from the
others as members from ASF France were present
in order to mark the World Day Against the Death
Penalty 2013. All SALI partners attended (NHRC,
NBA and Access to Justice) as did representatives
of the justice, civil society organisations and the
media, who widely reported the event over the
next several days.
and educate prosecutors and the Judiciary on the
questions at stake and highlighting the challenges
brought on by the mandatory nature of the death
sentence for offences in Nigeria.
These sessions gave the different stakeholders
in the criminal justice system the opportunity to
address the death penalty issue from their pers-
pectives and to debate on them. During this
meeting, flyers on the project were distributed to
the participants.
Organised to launch the project, the conference
received extensive coverage by national media.
Furthermore, there were ninety stakeholders atten-
ding the meeting in Abuja, including the Federal
Authorities who were well represented. This suc-
cess was very motivating for the rest of the pro-
ject’s duration.
3.2. Conferences raising awareness among stakeholders
16. 16
All participants reached the general consensus that
the campaign for the moratorium should continue
as such, should be sustained. More statements
were made: key stakeholders (law makers, police,
judges etc.) should have general roundtables; tra-
ditional rulers and religious leaders should be en-
gaged to gain their support in the fight to abolish
the death penalty, the bill of the administration of
criminal justice pending at the National Assembly
should be replicated by the States.
On the whole, a few remarks can be made. The
lack of forensic evidence in criminal investigations
was underlined, meaning that death sentences are
based solely on confessions and not on evidences
(the case of 95% of the investigations).
This issue brings on the problem of confessions
obtained with the use of torture, an act ASF France
is engaged in combating in Nigeria with its other
project ProCAT (“Promoting the United Nations
Convention against Torture”). From a more socio-
logical aspect, some participants stated that the
question of poverty is a core issue, as only impo-
verished people are being sentenced to death. It
could be suggested that a change within the men-
talities of civil society will be correlated to an aug-
mentation of education and a significant decrease
of poverty.
3.3. Practical workshops
The aim of these practical workshops was to
engage with judicial actors in each State on the
challenges of the use of capital punishment.
The target groups were drawn from major
stakeholders in the criminal justice system: Ju-
diciary, Ministry of Justice, NBA, Police, LACON
and prison services. The goal was to hold regu-
lar practical workshops during the whole project
with a quantitative objective of twenty participants
per session, a number that was met on average.
The SALI Senior Lawyer and co-trainers from the
local offices of partner organisations implemented
the workshops. The practical workshops took on
the form of one-day workshops, with relevant do-
cumentation given to participants such as books
on fair trial and booklets on national remedies.
The first round of practical workshops was held
between April and October 2013. Participants
worked on specific cases and were given the op-
portunity to solve practical and technical cases
involving the death penalty, encouraged to adopt
mechanisms and resolutions which enhance the
right to a fair trial and avoid the pronouncement
of the death penalty. Working groups and presen-
tations were adopted to improve the coordination
among judicial actors. The workshops consisted
mainly of cases involving prisoners awaiting trial
who are at risk of being sentenced to death as
well as those sentenced to death at the first ins-
tance. Emphasis was laid on specific issues re-
garding due process, minors, women, pre-trial
detainees and the rights of detainees on death
row. Issues about pre-trial detention and me-
thods of execution were also discussed in details.
The pinnacle point of the workshop was the orga-
nisation of a moot court by the participants. The
judgement of the “Supreme Court” was an op-
portunity to reemphasise due process, a violation
which negates rule of law principles.
The second round of practical workshops was held
between November 2013 and March 2014. The
aim of these practical workshops was to follow-up
the first practical workshop for the judicial actors,
on the challenges in the use of the death penalty.
The same set of participants who attended the
first workshop came back for this second phase;
and where this was not possible, new participants
joined the workshops. Participants were introduced
to a manual on the best practices for the defence
of persons facing the death penalty. The workshop
also extensively covered issues of fair trial. Parti-
cipants were also introduced to the regional rights
enforcement mechanism at the ECOWAS Court.
ASF France drew from its experience of having two
ongoing proceedings before the ECOWAS Court
to explain the procedure to the participants. Addi-
tionally a moot trial was played out by participants
at the end of the workshop. For the workshops
held in 2014, the participants were given a copy
of the press release entitled “Four executions in
Edo State, the end of the moratorium» produced
by ASF France, followed by a discussion with
stakeholders with strong differences of opinions.
On the one side, some participants thought that
the President took the right action by demanding
the return of executions; on the other side, some
participants felt it was a sign of disrespect of basic
rights, because of the appeals still pending. It was
discussed that because nothing was done during
the moratorium to find alternative measures to the
death penalty, it resulted in the Edo governor si-
gning warrants of executions because of the hel-
plessness of the situation.
The third round of practical workshops was held
from April to May 2014. These practical workshops
had four aims: consolidate on the already created
platform with the judicial stakeholders as to the
method to be adopted in addressing concrete
17. 17
cases on the death penalty with the aim of pro-
viding solutions to them; broaden the knowledge
of stakeholders on human rights issues with par-
ticular reference to capital punishment; share ex-
periences from other jurisdictions on reforms in
the criminal justice system; create a platform for
engaging the Prerogative of Mercy Committee
and the law makers in addressing the death sen-
tence issue in Nigeria and its possible alternatives.
Participants took part in brain storming sessions
involving general discussions on ECOWAS’ court
rules and procedures on fundamental rights appli-
cations. The essence of this session was to de-
monstrate the place of the regional court in the
hierarchy of the legal system. Q&A feedback de-
monstrated that a satisfying level of understanding
had been attained by the participants concerning
the issues. Case study group work was also car-
ried out in which participants worked on cases,
identifying human rights violations and laws that
were broken in the process of legal action, determi-
ning relevant instruments and adequate remedies
for the violations. Cases were compared as well,
aiming to point out human rights violations within
the court system, and the routes which would be
most open to favourable consideration of applica-
tions once there is evidence of violations. Mate-
rials were given to the participants to help enhance
their knowledge of human rights jurisprudence.
ASF France also shared their experience based on
the ongoing cases at ECOWAS Court.
The fourth round of practical workshops was held
in June 2014. This workshop aimed to expand
participants’ knowledge base of both national
and regional legal instruments to conduct advo-
cacy with relevant authorities with regards to the
death penalty, and enhance their work in practi-
cal terms with the aid of materials distributed. The
workshop helped in improving their work in terms
of advocacy and appeals. Indeed, the importance
of the ECOWAS court in the appeal processes was
highlighted and later referred to by many lawyers
admitting eagerness to refer back to cases which
had seemed hopeless to them, with the aim of ta-
king them before the ECOWAS court for the enfor-
cement of the rights of their clients. Lawyers’ fee-
dback was very positive. This workshop not only
improved the quality of their profession and prac-
tice as they had learned new things in the course
of their work but it also enabled participants to pay
more attention to details related to the respect for
human rights from the point of arrest to the point
of sentencing.
The workshop helped many to treat clients more
fairly and with more dignity. The knowledge they
gained was used to impact on subordinates in the
office and they reported a paradigm shift in their
offices on the stance of the death penalty. Many
testified to a change in attitude with regards to
adhering to due process regardless of the crime
committed by the detainee. The workshop was
able to demonstrate the flaws in the legal system
and furthermore demonstrate that innocent per-
sons could be charged with crimes they did not
commit.
4. SALI activity 4: Strengthening advocacy and communication
4.1. Campaigns and media
Press conferences were organised, and a news-
letter and press releases were developed and cir-
culated to the press and stakeholders during the
project. The objective was to alert the stakehol-
ders, the general public and the media to some
particularly illustrative and unfair cases of priso-
ners sentenced to death; put pressure on judicial
and political stakeholders so that they respect and
apply the fundamental rights of inmates sentenced
to death and to sensitise them on capital punish-
ment issues.
Press releases had been issued to inform the
general public about the different activities led
during the project, such as the kick-off mee-
ting, awareness-raising conferences and prac-
tical workshops. Press statements had also
been circulated during important events like
World Day Against the Death Penalty, which was
the occasion to sensitise the public on this issue.
Finally, campaigns had also been scheduled in line
with the progress of case follow-ups. For instance,
press releases allowed following the cases of
Thankgod Ebhos and Maimuna Abdulmumini be-
fore the ECOWAS Court. ASF France also reacted
to the end of the moratorium via press releases,
before and after the four executions in June 2013,
striving to alert public opinion.
Key actors from the project State and national
assemblies, State executive and the judiciary, as
well as members of civil society were sensitised on
the death penalty issue through various advocacy
campaigns and initiatives, and other media related
activities.
18. 18
4.3. Radio jingles
Radio jingles were designed and spread across all
target States. Access to Justice was involved in
the conceptualisation. The objective was to sensi-
tise the general public on the death penalty issues.
The jingles were produced in Hausa, English, Ibo,
Pidgin and Yoruba to make them understandable
by most Nigerians in target States. The predomi-
nant language spoken in each State determined
the version of the jingles that was aired in that
State. Radio-jingles were aired regularly during
missions in project target States; during important
events; and on national radios, to have a stronger
impact on society.
By the end of 2013 (the third year of the project),
seventy-two slots with a duration of about one
minute were aired. The airing of the SALI jingles
helped to sensitise Nigerians on death penalty
issues. The jingles also served as a real tool for
changing the people’s perception on the use of the
death penalty.
The advocacy pillar was gradually strengthened
throughout the duration of the project. The initial
project did not plan specific activities under this
fourth pillar. The team and partners suggested or-
ganising two specific advocacy visits in each target
State with the following activities: visit to members
of State legislative assemblies, round-table mee-
tings with the Prerogative of Mercy Committees
and dialogues with the Attorney-General.
Governors, members of the National Assem-
bly and State assemblies, as well as members
of the Presidential Advisory Committee on the
Prerogative of Mercy and other judicial stakehol-
ders were lobbied right from the kick-off meeting.
ASF France missions (practical workshops) were
used as an opportunity to organise advocacy vi-
sits to political stakeholders. These visits aimed to
strengthen the already existing collaboration with
the stakeholders by updating them on activities of
the SALI project and also to solicit their coopera-
tion for the organisation of future roundtables with
the Prerogative of Mercy Committees.
The different roundtrips led by the SALI Legal Ma-
nager gave the opportunity to meet key stakehol-
ders and assess their positions over the death
penalty issue in Nigeria. Stakeholders in favour of
the abolition were identified, thus permitting to fo-
cus more advocacy meetings on them. The team
also tried to precisely identify the members of the
Committees for Prerogative of Mercy, and could
then start the advocacy work regarding the death
penalty.
Three roundtrips were undertaken by the Legal
Manager in some target States in 2012. He met
stakeholders from the Judiciary, the Executive (es-
pecially from the Ministry of Justice), the prisons,
the media and civil society organisations. He also
visited key stakeholders in northern States regar-
ding the February 2013 project. At the end of 2013,
the SALI team held meetings with the Attorney Ge-
nerals of Benue, Lagos, Katsina, Edo and Plateau
States, in preparation for roundtable meetings
with the Prerogative of Mercy Committees in their
various States.
In each meeting with the Attorney Generals and
their representatives, ASF France primarily intro-
duced the project and its activities, highlighted
challenges in the implementation of capital punish-
ment, and called for reform of the criminal justice
system to ensure strict adherence to due process.
The team also used this opportunity to indicate
the interest of ASF France and partners in having
a roundtable session with members of the Com-
mittee on Prerogative of Mercy. Attorney Generals
thanked ASF France and partners for choosing
their State as part of the target States of the pro-
ject and pledged their support and collaboration
in the organisation of the roundtable sessions with
the Committees.
The team also visited the Controller of Prisons to
provide updates on the provision of legal aid in
the prisons on the platform of the SALI project.
In 2014, advocacy visits to legislators began in the
seven target States, with twenty-eight people at-
tending. The roundtable meetings with Prerogative
of Mercy Committee had also been scheduled and
started in March 2014 in Benue, Lagos, Katsina
and Edo States.
Visits by the SALI team and support-lawyers on
the ground to key stakeholders provided an op-
portunity to sensitise key stakeholders on death
penalty issues and to provide data on the subject.
During the second and the third year of the project
(2012 and 2013), eighty-two stakeholders from the
Judiciary, the Executive, the media and civil so-
ciety organisations were met. Initially, only forty
key actors were targeted. Roundtable meetings
with members of the Committee on Prerogative of
Mercy were finally organised, so far allowing the
ASF team to meet forty-two people to discuss the
issue.
4.2. Advocacy visits and roundtables with the Prerogative of Mercy Committees
19. 19
11
www.saving-lives.com.ng
4.4. Website
A website was created with a part for public infor-
mation and a part dedicated to an online forum for
the project support-lawyers to work and share do-
cuments. The objective was to become a source
of information for the general public, and allow the
support-lawyers (and the ASF Legal Manager) to
work as part of a network, by sharing information
and experiences via the forum.
The SALI website11
was officially launched in
December 2012. The data produced and gathered
on death penalty issues, both on legal (such as
statistics, case-law) and advocacy matters, as well
as the publications produced during the project,
have been made available on the website.
Lawyers can use these publications and docu-
ments, which provide information as a continuing
and participating training tool.
The SALI website is online with several documents
about the SALI project as well as the death penalty
in a more generally. It has been updated regularly
by the webmaster, with announcements on new
releases and achievements of the legal aid aspect
of the project. The forum is currently active and
the lawyers working on the project are gradually
becoming accustomed to using the platform for
engagement.
20. 20
SALI’s main objective was to contribute to legal
and legislative changes towards a restrictive
pronouncement of capital punishment in Nigeria;
by strengthening the moratorium on executions
and setting a new jurisprudence based on
international standards – assuring legal guarantees
for prisoners and the respect of their fundamental
rights; reducing the number of people charged
with capital offences, and sentenced to death at
trial – with the commitment of civil society, political
and judicial stakeholders, especially lawyers.
First of all legal workshops strengthened lawyers’
capacities in handling difficult cases through the
exchange of ideas, experience and advice in
workshops; meeting on a regular basis, developing
their knowledge and skills.
Additionally, providing free legal assistance to
inmates, SALI lawyers identified one hundred
forty-nine cases in the seven target States and
all these people benefited from free legal service
throughout the duration of the SALI project. In total,
thirty-five inmates were released during the project
and eighty-eight cases are still ongoing before the
different courts. The team also succeeded in the
request of prerogative of mercy by the governor
in the target States. The project successfully ap-
proved thirty two cases for inmates on death row
and ninety eight for inmates awaiting trial. Two key
ECOWAS Court human rights abuse cases were
presented and won, cementing a step in the move
to firmly establish respect for human rights in the
Nigerian legal system.
Furthermore, four awareness-raising conferences
took place in Benue, Edo, Lago and Abuja with
a total of one hundred twenty-eight participants,
key stakeholders being law makers, police, judges
etc. A general consensus was reached on the im-
portance of the continuation of the moratorium.
Participants noted the lack of forensic evidence in
criminal investigations as a major issue; from a so-
ciological standpoint the question of poverty was
also raised. Four rounds of practical workshops
were held, where key judicial actors in each State
engaged together on the challenged of the use of
capital punishment. These workshops informed
stakeholders on the issues of capital punishment
and judicial recourse and sensitised them on
human rights.
Lastly, in order to strengthen advocacy and com-
munication, press conferences were organised,
newsletters and press releases developed and
circulated, sensitising the public on death penalty
issues as well as pressuring judicial and political
stakeholders to respect and apply fundamental
human rights. Key moments were during events
such as the World Day Against the Death Penalty
as well as during the two key ECOWAS Court
cases. The SALI team met key stakeholders from
the judiciary, the Executive, prisons, media and
civil society organisations, highlighting challen-
ges in the implementation of capital punishment,
and calling for reform of the criminal justice sys-
tem to ensure strict adherence to due process.
Meetings with Prerogative of Mercy Committees
have started since March 2014 so far allowing the
ASF team to meet forty-two people to discuss the
issues at hand. Radio jingles were created and
aired across all target States in several languages
rendering them accessible to all, enhancing their
impact on Nigerian society’s perception on the use
of the death penalty. A website was created and
now serves as a source of information for the pu-
blic; and an active platform for lawyers to network
and share information.
ln conclusion, athough the project was faced with
security issues, with the removal of a target State,
the SALI team succeeded in implementing its four
main activities and to reach its goals in Nigeria.
Indeed, the key stakeholders are now more com-
mitted to a restrictive pronouncement of the death
sentence, lawyers’ competences are improved to
defend capital punishment cases, and prisoners
sentenced to death or awaiting trial for capital
offences are provided with free legal assistance.
Many lawyers, judicial and political stakeholders,
as well as some parts of civil society and the me-
dia, are now sensitised on the issue of the death
penalty.
A considerable obstacle during the project was wi-
thout doubt the end of the moratorium, which oc-
curred in June 2013. The moratorium was and still
is defended by ASF France, and has been a source
of hope, allowing discussions in a more favourable
context.
Even if the team efforts could not finally prevent
the four executions in Edo State, it was a new
argument to continue the advocacy campaign,
sensitising key stakeholders and the general pu-
blic on the issue of abolition of the death penalty.
The cases before the ECOWAS Court of Justice
also enhanced the final aim.
After numerous debates with different stakeholders
on this issue, an important idea made consensus:
the necessity to abolish the death penalty for mi-
nor crimes, where the loss of life has not occurred.
All the key Nigerian actors also agreed on the ne-
cessity, before any attempt to abolish the death
penalty, to reform the criminal and judicial system
in Nigeria. That is inevitably the first step out of
many in reducing the number of prisoners sen-
tenced to death or those awaiting trial.
Conclusion
21. 21
Recommendations
State authorities should:
- Develop a proper mechanism for generating
accurate statistics of the number of death sentence
convictions in each State.
- Draft a reform to match or complete Sharia law in
the northern States.
- Amend local law in the aim of death penalty
abolition.
- Draft a possible project of laws regarding the
criminal system on the state level, with a strict
limitation of the death penalty for crimes where life
has been taken, using the material and comments
made during sessions with stakeholders (both
awareness-raising conferences and practical
workshops).
Civil society should:
- Extend free legal aid to detainees in all prisons in
all Nigerian States.
- Extend practical workshops to incorporate more
security agencies other than the police.
- Extend intervention to States in Nigeria poorly
covered at this time, especially to the south-
eastern part of Nigeria.
- Target civil society and other community based
organisations during awareness sessions on the
death penalty so that they in turn can champion
the course at the grassroot level.
- Intensify advocacy meetings with lawmakers at the
State level.
National authorities should:
- Draft a possible project of laws regarding the
criminal system on a national level, with a strict
limitation of the death penalty for crimes where a life
has been taken, using the material and comments
made during sessions with stakeholders (both
awareness-raising conferences and practical
workshops).
- Increase judicial activism at national courts.
- Comply with the two major decisions of the
ECOWAS Community Court of Justice (case of Mr
Thankgod Ehbos and Maimuna Abdulmini).
- Work towards the signature followed by the
ratification of the Second Optional Protocol to
the ICCPR aiming to abolish the death penalty;
following the global trend towards the abolition of
the death penalty and bound by its international
obligations.
- Align Nigeria with international death penalty
standards – no vulnerable persons, not mandatory,
only for most serious crimes.
- Reinstate the moratorium on the death penalty in
the aim of abolition of the death penalty.
Civil society should:
- Properly document cases which were successfully
concluded within their and circulate them
amongst defence lawyers and other civil society
organisations to encourage similar actions.
- Upload all resources used during projects (eg. in
workshop sessions) on their websites for easy
access to interested persons.
- Organise more awareness activities to increase
visibility and attain more objectives.
- Intensify advocacy meetings with lawmakers at the
national level.
Media personnel should:
- Be trained on the issues around the death penalty
to ensure accurate and informed reporting on the
issue.
- Lawyers should bring actions before regional
courts in order to enforce fundamental rights
to challenge/avoid death penalty rulings and/
or executions through the right to a fair trial,
due process, proper detention conditions, abolition
of forced confessions.
National level
State level
Regional level
- The international community should advocate for
the implementation of international standards to
be abided by Nigeria
International level
22. 22
Bibliography
Legal resources:
-- ECOWAS Justice Court:
http://www.courtecowas.org/
-- African Commission on Human and People’s rights http://www.achpr.org/
-- International Covenant on Civil and Political Rights - Office of the High Commissioner for Human Rights
http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
Academic journals:
-- E. Peiffer, “The Death Penalty in Traditional Islamic Law and as Interpreted in Saudi Arabia and Nigeria”,
11 Wm & Mary J.Women & L.507 (2005)
-- Chinwe Chinemerem Onuoha, “The quality of Justice is strained: the death penalty in Nigeria”, Bocconi
Legal Papers: http://bocconilegalpapers.org
Reports:
-- Mémoire d’Amnesty International soumis à la CEDEAO concernant la compétence de la Cour Index:
AFR 27/008/2013 Amnesty International - septembre 2013
http://amnesty.org/en/library/asset/AFR27/008/2013/en/bad12f78-2925-4bf9-9ba2-a4bfea6feb60/
afr270082013fr.pdf
-- Rapport d’Amnesty International : Nigeria: Trapped in the cycle of violence
http://www.amnesty.org/en/library/asset/AFR44/043/2012/en/04ab8b67-8969-4c86-bdea-
0f82059dff28/afr440432012en.pdf
-- “Study on the Question of Death Penalty in Africa”, African Commission on Human and Peoples’ Rights:
http://www.achpr.org/news/2012/04/d46/
Websites:
-- The 5th World Congress against the Death Penalty:
http://congres.abolition.fr/?lang=en
-- The African Court on Human and People’s Rights Website:
http://www.african-court.org/en/
-- The British Institute of International and Comparative Law:
http://www.biicl.org/
-- The Community Court of Justice of the Economic Community of West African States (ECOWAS/
CEDEAO):
http://www.courtecowas.org
-- The Death Penalty Worldwide, Nigeria section:
http://www.deathpenaltyworldwide.org/country-search-post.cfm?country=Nigeria
24. In partnership with
The National Human Rights Commission (NHRC), The Nigerian Bar Association and Access to Justice
www.saving-lives.com.ng
www.avocatssansfrontieres-france.org
ASF FRANCE CONTACT ABUJA OFFICE
Office - 29, 1st Avenue,
Kado Estate,
Abuja
NIGERIA
ASF FRANCE CONTACT HEADQUATER
8 rue du Prieuré,
31000 Toulouse,
FRANCE
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the European Union,
Agence Française de Développement
and the Netherlands Embassy
EUROPEAN UNION
