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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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Wilfred Mamah
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