Justice Ishaq Bello, former Chief Judge of the Federal Capital Territory High Court, Abuja, has issued a strong call to action for state governors in Nigeria to fulfill their constitutional duty by signing death warrants for convicted criminals who have exhausted all legal avenues of appeal. He argues that the persistent refusal of governors to sign these warrants contributes significantly to the perpetuation of crime within the country, fostering an environment where criminals operate with a sense of impunity. Justice Bello’s stance is rooted in his belief that the criminal justice system, including the imposition and execution of capital punishment, must be implemented fully to maintain law and order and deter future criminal activity. He asserts that governors’ reluctance to carry out this aspect of their responsibilities undermines the entire system and sends a dangerous message of leniency to potential offenders.
Justice Bello’s appeal is not based on a personal vendetta against convicted criminals but rather on a deep concern for the efficacy and integrity of the Nigerian legal system. He emphasizes the importance of adhering to the rule of law, arguing that judges diligently perform their roles in hearing cases and delivering verdicts. The subsequent action of governors in signing death warrants, he maintains, is an integral part of this process and should not be neglected. He underscores the point that every actor within the justice system has a specific role to play, and the failure of one component, in this case, the executive branch represented by the governors, to fulfill its obligations creates a cascading effect that negatively impacts the entire system. By refusing to sign death warrants, Justice Bello contends, governors create a bottleneck in the justice system, ultimately hindering its ability to effectively address crime.
His concerns are further fueled by his firsthand experience as the chairman of the prison reforms and decongestion committee. He witnessed firsthand the overcrowding in prisons, a situation exacerbated by the large number of inmates on death row awaiting the execution of their sentences. This backlog, directly attributed to the inaction of governors, not only puts a strain on prison resources but also creates a breeding ground for further criminal activity within the prison walls. Justice Bello’s argument is that the failure to implement capital punishment allows convicted individuals, especially those convicted of serious crimes, to linger in the prison system, potentially influencing other inmates and continuing to pose a threat, albeit from within confinement. He views the signing of death warrants as a necessary step not only for punishing the guilty but also for protecting society and maintaining order within the prison system.
Justice Bello challenges the reasons often cited by governors for their reluctance to sign death warrants. He dismisses claims based on humanitarian concerns, arguing that the primary responsibility of a governor is to uphold the law and ensure the safety and security of the citizens they govern. He also rejects the argument that the Nigerian legal system is too complex, pointing out that the legal processes leading to a death sentence are rigorous and ensure that all avenues of appeal are exhausted before a warrant is presented to a governor for signature. He stresses that the role of the governor in this final stage is purely administrative and does not involve any further judicial deliberation. By challenging these justifications, Justice Bello aims to highlight what he believes is a misunderstanding of the gubernatorial role in the criminal justice process.
Furthermore, Justice Bello criticizes the tendency to compare Nigeria’s justice system with those of developed nations like the UK and US. He emphasizes that such comparisons are flawed due to the vast discrepancies in resources, infrastructure, and funding allocated to the justice systems in these countries. He argues that Nigeria’s unique context requires a tailored approach and that simply emulating the practices of other nations without considering the prevailing circumstances is unproductive. Justice Bello’s critique underscores the need for investment in the Nigerian judiciary, police force, and other relevant institutions. He contends that adequate funding is crucial for ensuring the effectiveness of these institutions, enabling them to properly administer justice and uphold the rule of law. He maintains that the reluctance of governors to sign death warrants cannot be viewed in isolation but must be seen within the broader context of a chronically underfunded and under-resourced justice system.
In conclusion, Justice Ishaq Bello’s plea to Nigerian governors is a call for accountability and decisive action within the criminal justice system. He argues that signing death warrants is not merely a procedural formality but a crucial step in upholding the rule of law, deterring future crime, and ensuring the effective functioning of the justice system. He dismisses the justifications often presented by governors for their inaction, arguing that their reluctance is rooted in a misunderstanding of their constitutional role and an unwillingness to address the difficult realities of crime and punishment. By advocating for the full implementation of the law, including capital punishment, Justice Bello aims to contribute to a safer and more just society in Nigeria, emphasizing that the responsibility for achieving this rests not only with the judiciary but also with the executive branch of government. His call to action is a challenge to the status quo and a plea for governors to confront the complexities of the criminal justice system head-on, prioritizing the safety and security of their citizens above all else.
