Don't Execute Rev King, Falana Advices Ambode
Human rights lawyer,
Mr. Femi Falana (SAN), has asked Governor Akinwunmi Ambode of Lagos State to commute the death
penalty passed on death row inmates in the state to life imprisonment instead
of executing them.
Those on death row upon the judgment of the court of Lagos State included the
General Overseer of Christian Praying Assembly, Chukwuemeka Ezeugo, a.k.a.
Rev. King.
Falana argued in his letter dated April 19, 2017 and addressed to Ambode that
the planned execution of death row inmates in the state would violate a
subsisting judgment delivered in 2012 by the High Court of Lagos State which
ruled that it was illegal and unconstitutional to execute condemned inmates.
He reminded the governor that the judgment of the court of the state had held
that to hang or subject death row inmates to firing squad would lead to the
violation of their fundamental right to freedom from torture guaranteed
by the constitution.
The judgment was said to have been delivered by Justice Mufutau Olokooba of
the Lagos State High Court on June 29, 2012.
The Lagos lawyer advised the state government to explore the only available
option of commuting the death penalty passed on the inmates to life
imprisonment.
Also See: Rev. King’s Death Sentence Caused by Witches and Wizards- Church Members
Falana
stated, “On the basis of the valid and subsisting judgment of the Lagos High
Court on the illegality of the execution of the death penalty in Lagos State
we urge Your Excellency not to sign a death warrant authorising the killing of
any condemned prisoner either by hanging, firing squad or any other means
whatsoever.
“In the circumstance, Your Excellency may wish to commute the death sentences
of all condemned prisoners in Lagos State to life imprisonment forthwith.”
The Attorney General of the state, Mr. Adeniji Kazeem, was said to have
stated at a press conference on Tuesday that unlike previous administrations,
Ambode would sign the necessary documents to execute those on death row in the
state.
Kazeem reportedly said the development was at the instruction of Ambode and
that the state had begun reviewing the matter after prison officials
complained of the highhandedness of some death row inmates who felt that they
had certain rights which excluded them from being executed.
But Falana stated that the planned execution would negate the subsisting court
judgment.
Falana
stated, “Although many persons have been convicted of armed robbery and murder
and sentenced to death by the Lagos State High Court since 1999, your
predecessors did not sign death warrants for the execution of any person on
death row.
“Accordingly, all the convicts on death row have had the death sentences
imposed on them commuted to life imprisonment.
Also See: Rev. King Who Is On Death Row, Celebrated By Members Of His Church On His Birthday
“It is pertinent to draw the attention of Your Excellency to the case of Ajulu
& Ors. v. Attorney General of Lagos State (unreported), Suit No:
ID/76M/2008 of 29th June 2012, wherein the Lagos State High Court
held that while a person who commits murder may be sentenced to death, it is
illegal and unconstitutional to execute such death sentence by hanging or
firing squad as it will lead to the violation of his fundamental right
to freedom from torture guaranteed by the constitution.
“According to the learned trial judge, Olokooba, death by hanging and firing
squad amounts to a violation of the condemned’s right to dignity of the human
person and amount to inhuman and degrading treatment and is consequently
unconstitutional being a violation of Section 34(1)(a) of the Constitution of
the Federal Republic of Nigeria, 1999.
“Section 367 of the Criminal Procedure Law of Lagos State and any other law
which provides for hanging by the neck till death are accordingly declared
unconstitutional. Section 1(3) of the Robbery and Firearms (Special
Provisions) Act in so far as it seeks to be implemented by the respondent is
also declared unconstitutional and void.”
Category:
Lagos News
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