Former Chief Judge of the Federal Capital Territory High Court, Justice Ishaq Usman Bello, has called on state governors to fulfill their constitutional responsibilities by signing death warrants for inmates convicted of capital offences who have exhausted all legal appeals.
Speaking at the Nigeria Human Rights Conference in Enugu, Justice Bello stressed that governors’ continued refusal to sign death warrants is a significant contributor to rising prison congestion and the perpetuation of serious crimes in Nigeria.
“There are so many lapses where they have neglected their own responsibility as governors, which makes the society permissive of the continued existence of crimes,” he said.
Drawing on his past role as Chairman of the Presidential Committee on Prison Reforms and Decongestion, Justice Bello said he encountered numerous death row inmates stuck in limbo due to executive inaction at the state level. According to him, 3,590 inmates are currently on death row, as reported by the Nigeria Correctional Service.
He maintained that signing death warrants is a legitimate part of the criminal justice process, and governors must not shy away from it if all legal procedures have been exhausted.
“By doing so, the prison facilities will be decongested. But refusing to fulfill their constitutional obligations as required by the law, they indirectly encourage the criminals in their atrocities,” he added.
Misplaced Comparisons with Foreign Systems
Justice Bello also criticized frequent comparisons between Nigeria’s justice system and those of more developed countries like the United States and the United Kingdom. He argued that such comparisons are misguided, given Nigeria’s lack of commensurate infrastructure, funding, and institutional support.
“What investment is done in the judiciary, in the police, among others? Wherever there’s responsibility, there’s need for funding,” he said.
He called for increased investment in the justice system, including in the judiciary and law enforcement, to ensure more effective justice delivery and timely case resolution.
Wider Implications
Justice Bello’s comments come amid ongoing debates over Nigeria’s overcrowded correctional facilities, human rights concerns, and the moral and legal dilemmas surrounding the death penalty.
While some human rights advocates oppose capital punishment altogether, others, like Justice Bello, argue that its implementation within the bounds of the law is essential to maintaining justice and deterring heinous crimes.
As of now, several state governors have publicly admitted their reluctance to sign death warrants, citing ethical, political, and religious concerns — a trend that critics say undermines the criminal justice system.
