Juliana Francis
The Avocats Sans Frontières France (Lawyers without Borders France) has urged the Nigerian Senate to reverse its position on the death penalty for drug trafficking crime in Nigeria.
The Country Director, ASF France in Nigeria, Ms Angela Uwandu Uzoma-Iwuchukwu, said that this decision represents a severe setback for human rights and justice in Nigeria and contradicts the position presented by the Nigerian government during the just concluded Universal Periodic Review (UPR).
She added: “The Nigerian government represented by the Minister of Justice and Attorney General, Lateef Fagbemi SAN had informed the United Nations (UN) and the world on the 23rd of January, 2024 at Geneva that Nigeria has a voluntary moratorium on the death penalty. The recent decision by the Senate is without regard to the government’s international policy on the death penalty.
“This approval of the death penalty for drug-related offences contradicts the UN resolution on the death penalty which was adopted in 2023. The resolution states that countries that retain the death penalty should actively work on strictly limiting its application to the “most serious crimes under international law”, a threshold that drug offences do not meet. Retentionist countries like Nigeria that apply the mandatory death penalty were also urged to abolish this practice.”
According to Uzoma-Iwuchukwu, it should be noted that in 2015, the Federal Government of Nigeria condemned the Indonesian Government for the execution of two Nigerians by firing squad due to drug-related offences.
She noted that it was surprising and inconsistent that the same government would turn around to approve the death penalty for drug-related offences in Nigeria, a policy they had once condemned publicly.
“Progressive justice systems must be effective and result-driven. Studies have consistently shown that countries that retain the death penalty in their laws continue to experience high crime rates relating to drug trafficking and other serious offences, thus the death penalty is ineffective as a deterrent. Also, the execution of the death penalty is irreversible and leaves no room for reconsideration even in the face of new evidence. This lack of flexibility can lead to a plethora of wrongful executions and miscarriages of justice which can never be reversed,” said Uzoma-Iwuchukwu.
Uzoma-Iwuchukwu further said: “No state should have the power to take a life because it is against the very principle of reformative and restorative justice and also a violation of the Right to Life. We therefore urge the Nigerian Government to reverse its position on the death penalty for drug trafficking. Instead of resorting to extreme and ineffective measures, we also urge the government to focus on evidence-based policies and measures that address the root causes of drug trafficking and promote justice and human rights in Nigeria.”
She stressed that: “ASF France’s position against the death penalty should not be misconstrued as support for criminal activities. We firmly believe in upholding justice, human rights, and the rule of law.
“Our opposition to the death penalty for all crimes stems from our commitment to promoting effective, evidence-based solutions that address the root causes of crime and uphold the dignity and rights of all individuals in the process.
“ASF France has been working in Nigeria to advance the promotion and protection of human rights. We have been supporting reforms in the use of the death penalty while providing access to justice for persons facing the death penalty.”
