CAPITAL PUNISHMENT IN NIGERIA: HUMAN RIGHTS PERSPECTIVE AND CONSTITUTIONAL CHALLENGES

The topic critically examines the enduring and controversial practice of the death penalty within Nigeria’s legal system. Though a feature of Nigerian law since the colonial era, its continued application stands in stark contrast to global abolitionist trends and poses significant questions regarding the sanctity of fundamental human rights enshrined in the 1999 Constitution (as amended). The study employs a doctrinal approach, analyzing relevant Nigerian statutes, key judicial pronouncements, particularly of the Supreme Court and pertinent international human rights instruments to which Nigeria is a party. The Human Rights Perspective critically assesses the death penalty's impact on the constitutional rights to life as provided in Section 331 and freedom from torture or inhuman and degrading treatment as provided in Section 342 . It highlights concerns surrounding the finality of the sentence in the face of flawed criminal justice processes, the persistent issue of wrongful convictions, and the ethical implications of the "death row phenomenon." The study subsequently investigates the Constitutional Challenges, focusing on two primary areas: the legality of the mandatory death sentence for certain offenses, which limits judicial discretion, and the constitutional validity of execution methods. It analyzes the evolving jurisprudence of Nigerian courts which, while largely upholding the constitutionality of the death penalty, have concurrently introduced judicial safeguards and stricter interpretations of due process. The research concludes that the practice of capital punishment, especially its mandatory nature and the lengthy delays preceding execution, is increasingly difficult to reconcile with the fundamental tenets of modern constitutional democracy and international human rights law. It recommends a legislative review to abolish mandatory sentencing and proposes a national moratorium as an essential step toward eventual abolition