Most Nigerians are getting conversant with the arguments on all the sides. I do not intend to regurgitate them. Those who still enforce the death penalty do not need any research to unearth the disturbing incidences of heartless crimes that seem to support the retention of the death penalty, if only to save the human race from extinction.
No doubt there are heartless people that are beyond reclamation, or so it seems. For example, take Ian Huntley of the U.K. He was the prime suspect in the murders of ten year olds Jessica Chapman and Holly Wells. Holly and Jessica described as being loyal to each other and popular at school vanished on August 4th, 2002. Their bodies were later discovered, yet hidden in way that it was difficult to be seen. Huntley later admitted on front to a jury that the girls died while they were alone with him in his house, but he denies the charges of murder. It is important to note that the United Kingdom abolished the death penalty for all crimes in 1998, with the last execution placed in 1964. Hence, the question of Ian Huntley, being executed, even if found guilty of murder does not arise at all. The U.K is a fine example of triumph of the abolitionists' argument. Similar arguments had also been made in several other countries such as: Finland which eliminated the death penalty in 1972. According to Amnesty International, a total of 112 countries have disclaimed to death penalty in law or practice. According to the same source, 83 countries are retaining the death penalty, including: Iran, Iraq, Sudan, Swaziland, United States, and Nigeria.
The arguments in favour of retention seem to be gathering momentum, as crime waves continue to rise, but interestingly, the number of countries that use the capital penalty continues to dwindle. The desire for revenge is a usual animal instinct. It could be understandable when people want to hit back, but it seems it requires a higher level of maturity to hold oneself back, even when provoked.
A few days ago, I watched with shock and anger as the bodies of 19 Italian soldiers were laid to rest, amid tears and wails. At the same time, Turkey is still licking its wounds following the last few days’ senseless attack. Men, women and children that sought solace in a house of prayer became victims of heartless attacks of terror. The event of September 11 cannot be wished away. The harvest of graves, dust and tears will continue to shock men and women forever. Iraq is still a theatre of war. Saddam Hussein, who is notorious for his crimes against his own people, is yet to be captured. Terrorists and assassins are having a field day. Osama Bin laden is still in hiding, issuing instructions to the Al Qaeda network, to tear down and destroy. Terrorism has given birth to countless victims. The urge to strike back is so intense. The most disturbing aspect of this however, is that in most of the terrorist cases, the perpetrators, are desperate to die with their victims.
As I write, at least 14, 000 security agents are keeping watch in the UK to ensure that terrorists are scared from attacking the U.S president, who is currently on a state visit in the UK. “The Stop the War Coalition” plans a peaceful gathering, which will attract over 100, 000 protesters. The message is: Stop the Killing in Iraq! Stop the Bloodshed!
Blood is shed daily by offenders, who have wilfully decided to wreck havoc on their fellow men and women. Should the state also condescend in doing the same? Are there other alternative punishments to cater for violent offenders and secure the cherished rights of law abiding citizens?
Advocates of retention and abolition agree that:
• Life is sacred and should be accorded that sanctity
• There is a possibility of error in death penalty trial, sentencing and execution.
• There is the need to save the innocent from execution.
• There is a need for death penalty statistics
• It is unfair to keep capital offenders awaiting trial endlessly.
• There is need for prison reform.
• Police investigative capacity needs to be enhanced.
There are so many other common grounds. I suggest that the first point of departure will be knowledge. Statistics in Nigeria has always been problematic. Nigeria can no longer continue to destroy lives, without a thorough examination of the effectiveness of that action. Nigeria needs clear statistics on the death penalty, urgently. The country also needs clear statistics on crime situation. For instance, it would be helpful to know whether, incidences of robbery are increasing or decreasing. It would be relevant to shop for international best practices. For instance, a study group could be assigned, with the task of studying the UK and the US system. It would be very useful to equally study the abolitionist countries in Africa. Namibia, South Africa and Mozambique have all abolished death penalty.
The Human Rights Law Service (HURILAWS) proposed a moratorium regime. Some states in the US are experimenting with the moratorium regime, despite the fact that US remains one of the hardliners in terms of retention. In fact, in a recent forum I attended at the King’s College London, a US Judge stated that death penalty is a campaign issue in the US, and that one’s views on abolition or retention, could make or mar one’s election chances in the U.S. The moratorium regime, being proposed is not an automatic abolition. It is in fact, a time of reflection, as facts are being placed on the table. Nigeria is a multi-cultural and multi religious society, hence the need for a careful examination of all issues. It would be useful to understand the views of Muslims and Christians on the issue.
Despite the varying views, all the contenders agree that human life is sacred. Society must therefore seek to preserve everyone’s life. It would be a grave matter to allow even one innocent person to die, following a wrong conviction, for capital offence. Therefore, the serious question of a working criminal justice system will be thrown up. It will be critical to examine the three major institutions of the criminal justice and assess their effectiveness and efficiency.
As Nigerians carefully consider the available options, I would like to call attention to one argument which I feel favours abolition. It is the suicide bomber logic. The suicide bomber sets out with clear eyes and a clear mission: to kill as many people as possible, including himself. Suppose by a stroke of chance, the suicide bomber is rescued, revived and put through a fair trail, convicted and sentenced to death. His execution has no meaning because he is desperate to die anyways.
I have this conviction that most murderers and violent offenders have imbibed the psychology of the suicide bomber. Death penalty, which some conceive as a punishment becomes a blessing. Life sentence, for such a person is the real punishment, for the obvious reason that he or she wants to die. Some criminologists have suggested that punishment should be made to fit the offender and not the offence committed.
Society really needs to ask: why are they murderers/ criminals? In Lombroso’s biological determinism thesis, he seeks to prove that some people are born with criminal, inferior genes, he called “stigmata”. Poverty, for instance can generate depression and hatred, pushing some people to strike back at society. The society needs to do a lot to minimize the surging number of violent offenders. Provision of basic social amenities may reduce crime to a large extent, unemployment needs to be tackled, corruption needs to be fought even harder than HIV.
Each time corruption is mentioned, everybody seems to point fingers at public institutions. But the reality is that corruption in Nigeria is more deep-rooted. The increasing level of corruption in the private sector is also nauseating. Accountability should be the watchword in Nigerian’s private/ non governmental institutions. If we must preach against corruption, we all must strive to stand on the higher pedestal of accountability.
The ostentatious display of questionable wealth in the midst of crushing poverty in Nigeria is an invitation to violent crime. A new strategy must be evolved in which the rich are made to contribute to public growth. At present, selfishness is worshipped in Nigeria, like a god. The violent offender is a human person, who perhaps had giant dreams of becoming a successful lawyer, doctor, accountant etc, but whose dreams were cut short by an uncaring society.
The ongoing debate is a step in the right direction. The Federal Ministry of Justice should be applauded for providing the forum for dialogue on this issue. THISDAY Newspaper and other reform minded media should also have a share in the commendation. It would be for the interest of all Nigerians if a sensible, generally acceptable policy / law could emerge from the ongoing debates. The media is a critical instrument in ventilating all the views. I hope the authorities will not loose sight of that.
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