Rights Commission asks FG to revoke directive on death row inmates

Posted by admin Latest Politics Thursday, July 4th, 2013

African Commission on Human and Peoples’ Rights, Banjul, The Gambia, has asked President Goodluck Jonathan to rescind his directive to the 36 states of Nigeria, asking them to begin execution of prisoners on death row across the country.

The Commission’s order was confirmed Wednesday to Socio-Economic Rights and Accountability Project, SERAP, by the Commissioner Zainabo Kayitesi and Chairperson of the Working Group on Death Penalty, and Secretary of the African Commission, Dr. Mary Maboreke.

hangmanSERAP also confirmed that the order had been sent to President Jonathan through the Ministry of External Affairs.

The Commission is the body charged with overseeing states parties’ compliance with their legal obligations under the African Charter on Human and Peoples’ Rights, to which Nigeria is a state party.

The Commission’s order followed a petition filed by SERAP through its Solicitor, Mr. Femi Falana (SAN).

Reacting to the African Commission’s decision Falana said: “This is a landmark decision and one which shows the willingness of the Commission to assert its authority in critical situations such as the present one.

“It will ensure full protection of the human rights of the African people, and to hold African governments responsible for their legal obligations under the African Charter.

“It is absolutely important that the Attorney-General of the Federation and Minister of Justice, Muhammed Adoke, moves swiftly to ensure full and effective compliance with the Provisional Order that has been issued by the Commission.

Precedents

“It will be recalled that the Commission, in 1993, issued a Provisional Order restraining former military leader General Ibrahim Babangida from executing General Zamani Lekwot and others sentenced to death under the Civil Disturbances (Special Tribunal) Act no 2 of 1987.

“General Babangida obeyed the order. It will also be recalled that the Commission, in 2009, issued a similar order asking former Libyan leader, late Muammar al-Gaddafi, not to execute over 200 Nigerians on death row in that country.

“He obeyed the order, and many of the Nigerians were sent back home. Therefore, there is no reason whatsoever why President Jonathan should not obey the Commission’s order in this case.”

SERAP’s appeal

Earlier, in its request for provisional measures dated June 25, 2013, SERAP asked the African Commission to “urgently exercise its authority to request Nigeria to immediately withdraw the directive by President Goodluck Jonathan to 36 states of the Federation of Nigeria to execute all death row prisoners, and fully accord the prisoners their fair trial and other human rights.”

The request for provisional measures was submitted in conjunction with SERAP’s communication to the African Commission.

According to the organisation, “unless the African Commission urgently intervenes in this case, there is a risk of irreversible denial of several death row prisoners in Nigeria.

“This will render nugatory the resolutions on moratorium on executions by the African Commission and the Third Committee of the UN General Assembly.”
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