HURILAWS asserts its copyright to this document, but nevertheless permits photocopy or reproduction of extracts, provided due acknowledgement is given and a copy of the publication carrying the extracts is sent to the HURILAWS Address.
A report on the meeting of the Nigerian coalition on death penalty abolition (NCDA) held at the conference room of the human rights law service (HURILAWS), Lagos on Tuesday, 20th July 2004.
INTRODUCTION:
The meeting was called at the instance of HURILAWS to intimate Civil Society groups working in the Criminal Justice Reforms on the activities of HURILAWS in the area of advocacy on the abolition of the death penalty. It was also to serve as a forum to present the Nigerian Country Report on the Application of the Death Penalty which HURILAWS prepared and presented at the 1st International Conference on the Application of Death Penalty in Commonwealth Africa held at Entebbe Uganda in May, 2004. The meeting, it was hoped would identify modalities and strategies for the awakening of the Nigerian Coalition on Death Penalty Abolition. (NCDPA)
The Executive Director of HURILAWS, Miss Frances Ogwo, started the meeting with a welcome remark. She stated that the idea for forming the coalition came up in Abuja when the British High Commission called for a coalition to push for a Moratorium which HURILAWS had drafted. She introduced the participants briefly into HURILAWS activities in the field of criminal justice reforms and the abolition of death penalty. According to her, the Death Penalty question has been heightened by the Sharia issues. HURILAWS in response to these has published a handbook on the Moratorium on the application of the Death Penalty.
She stated further that HURILAWS has been collaborating with the British Institute for International and Comparative Law (BIICL) LONDON,. HURILAWS she said, has also written a Country Report on the application of death penalty in Nigeria which it presented at the 1st International Conference on the Application of Death Penalty in Commonwealth Africa in Entebbe Uganda in May 2004.
There was a brief introduction of participants who cut across various Non-Governmental Organisations working in the Justice Sector, the Church and Government Institutions.
Mr. Jude Udo Ilo, HURILAWS Project Officer in charge of the death penalty project, gave a brief report of the conference and the Nigerian Country Report which he presented at the Ugandan Conference.
According to him, the conference was built around the following objectives:
- To enable participants gain awareness of the similarities and differences within their legal systems and to allow legal information to flow more freely across borders
- To promote the aims of the project which involves the exchange of information and skill acquisition in the handling of capital cases by both judicial and legal officers.
The conference had participants from over 15 countries and experts from the EU, Death Penalty Coalition in the US and others. Thirteen countries from Commonwealth Africa presented their country reports. They include: Nigeria, Ghana, Swaziland, Botswana, Uganda, Kenya, Cameroon, Malawi, Tanzania, Zambia, Zimbabwe, Lesotho and Sierra Leone.
According to Mr. IlO, “the Nigerian country report x-rayed the application of death penalty in Nigeria against international standards and various treaties, which Nigeria is signatory to. The paper pointed out that Nigeria has not satisfied international standards in its application of death penalty. The Country Report is also an appraisal of the trial procedures of the Criminal justice system in Nigeria. Some of the areas highlighted include the execution of people less than 18 years of age and the discriminatory application of death penalty under the Sharia penal regime. It also identified various shortcomings in the application of death penalty in Nigeria ranging from defective penal provisions, inefficient police and unwillingness of government to rise up to its duty and reform. The paper recommended urgent review of the sharia penal laws, moratorium on execution, adequate answers to the imperatives of a death penalty alternative and a reform of the penal regime in Nigeria.”
His report that Nigeria was identified as the country with the most advanced criminal justice system surprised members of the coalition. Mr. Ilo concluded by stating that the conference made far reaching recommendations bothering on bail, adequate remuneration of judges and funding of institutions in the justice sector, introduction of new evidence during the appeal process, compensation of victims of crimes,etc.
HURILAWS Executive Director introduced one Arthur Angel, a former Death Row inmate who was released through HURILAWS efforts. Arthur according to her spent a whopping 16 years in prison, out of which nine were spent on death row.
Arthur recounted his experiences on death row and stated that he witnessed the execution of over 400 persons, which he can recall their names. He spoke passionately about the need to abolish the Death Penalty stating that it does not reform anybody as no one was reformed while he was there. He appealed to the Government to develop an alternative to Capital Punishment. He told all present that most people on death row and executed were innocent. A lot of them he said are talented. Mr. Angel in a gripping story stated that some death row inmates die as a result of fear occasioned by their conditions. He gave an example with one Francis Awogu whom he said was talented but died on death row before his release.
Mr. Arthur Angel stated that he was in the gallows three times but was saved from the hangman’s noose because his name disappeared from the list. He concluded by urging the coalition to join forces to fight for the abolition of capital punishment. Mr. Angel who is now an accomplished artist will be exhibiting his works tilted “On the Gallows” and launching his book “I refused to Die” in September 2004.
The Executive Director of HURILAWS introduced Mr. Willy Mamah who has worked with both HURILAWS and DFID’s Access to Justice Program. In his submissions, Mr. Mamah after commending HURILAWS initiatives reminded all that the issue of poverty is central to the Death Penalty Debate. He gave an illustration with one Leonard Onah who was convicted for stealing N300 armed with an iron rod. He could not be granted bail because he couldn’t provide the sum of N10, 000 bribe which the police demanded. He was eventually tried and sentenced to death. After many years on Death Row, he received amnesty and was released.
Willy Mamah urged the coalition to interface its activities with those of other agencies including funders working in similar areas. He stated that the DFID’s Access to Justice Programme would be a likely partner in this reform process. This he said is because death penalty and in extension, justice sector reforms are related to the pro-poor issues which are at the heart of the access to justice programme. Majority of the people who are convicted according to him are the poor in the society who could not afford legal services or who took to crime because of the prevailing economic situation. He identified the failure in governance as the bane of the society and by extension, one of the major causes of crimes.
He called for a galvanisation of strength so as to achieve maximum results. He also advised that there is need for everyone working in the area of justice sector reform especially in issues bothering on the abolition of death penalty to rally together under the coalition so as to avoid dissipation of energy. The possibility of getting funds for the activities envisaged in the abolition struggles, he stated, would depend on the force behind the coalition and the existence of a united front. Mr. Mamah ended by acknowledging that the days of capital punishment in Nigeria are numbered.
The Group identified that placing a Moratorium on death penalty will be a starting point. It lamented that the Bill which was sent to the National Assembly two years ago by HURILAWS has been stifled by lack of consciousness on the part of the Legislature. It was also suggested that the coalition should identify what should be done during the Moratorium.
HURILAWS’ Senior Counsel, Mr. Olisa Agbakoba advised that the group should work closely with the government institutions already established for the same purpose especially the Attorney General’s Study Group since its work will form the major working tool of the government. HURILAWS hinted that it had sent memorandum to the Study Group.
The coalition acknowledged that religious differences may be a great challenge in the reform work as the application of death penalty is part of Islamic law. To cushion this envisaged problem, the Coalition identified the State Assemblies as another important institution that should be worked withy in the abolition process.
On the strength of the submission of Mr. Jude Igbanoi from THIS DAY Newspaper, it was agreed that a lot of awareness needs to be created if the Nigerian public is to be involved in the Moratorium/Abolition struggles. It was further agreed that advocacy should be built around the media.
Willy Mamah informed all present that Death Penalty as a form of punishment has been abolished even at the international levels. He stated that the Rome Statute establishing the International Criminal Court (ICC) provides life imprisonment as the highest punishment to be meted out for serious crimes such as war crimes, Genocide crimes against peace and humanity.
Based on the foregoing, it was resolved by the Group that there be established various thematic committees that will perform various roles. The following committees were identified: - Media Committee, Legal Committee, Legislative Advocacy Committee and Research Committee. The following organisations accepted to be members as indicated below:
Media Committee: Jude Igbanoi (THIS DAY), Innocent Anaba (Vanguard), Legal Defence and Assistance Project (LEDAP)
Legal Committee: HURILAWS, Legal Resources Consortium (LRC), Centre for the Development of Africa through Law (CENDAL), Justice Development and Peace Commission (JDPC), Ijebu-Ode.
Legislative Advocacy/Moratorium: National Human Rights Commission (NHRC), HURILAWS
Research: NHRC, AIT*
* It was agreed that AIT’s Mike Arulegba should be invited as they have done a lot.
On the issue of a secretariat for the coalition, it was agreed that HURILAWS continues to serve as the secretariat since it has the machinery and has been working on the issues identified.
It was also resolved that the Coalition be run through a Coordinating Committee made up of a Chair and Zonal Coordinators with HURILAWS as the secretariat. To this end, it was agreed that the following individuals and organisations form the Coordinating Committee:
Chair – Olisa Agbakoba
Secretariat – HURILAWS
Zonal Coordinators:
South-East – CIRDOCC, Enugu.
South – West- Justice Development and Peace Commission (JDPC), Ijebu-Ode
Abuja –National Human Rights Commission
South - South – Institute for Human Rights and Humanitarian Law, Port-Harcourt
North Central – Human Rights Monitor, Kaduna
North-East – National Council for Women Society, Maiduguri
It was agreed that the Terms of Reference would be sent to the committees in due course. It was also resolved that there may be need for a dedicated website to be established to push the advocacy but HURILAWS offered to continue to host the coalition on its website, meantime.
The meeting ended at 1:02 pm.