There’s a pressing need for criminal justice reform in Nigeria due to unaccountable executives, idle legislators, and faulty constitutional structures. The society must figure out if they believe the state should be trusted with the power to executive people. If the answer is yes, the process should be improved and governors delaying justice should not be tolerated. If the answer is no, reforms should be made to reflect that reality. There is a backlog in executions which increases prison congestion and unnecessary cost foisted on the federal government who must house and feed these inmates due to constitution constraints. State and federal legislators do have the option of solving these by simply removing redundancies or by eliminating the death penalty all together. The cost of housing prisoners should be left to the jurisdiction prosecuting the person hence the constitution should be amended moving prison out of the exclusive list.

Executions are currently being bottled necked by state governors who refuse to carry out the court’s judgements due to fears of wrongful convictions and suspicion of the court process as stated by Governor Ganduje. If they believed their own rhetoric on the subject, they would opt to commute the sentences or request their state’s assembly to abolish the capital punishment. The federal government should deduct those cost from the allocations those states since these altruistic governors are intentionally delaying justice and causing prison congestion. The best way to eliminate the bottle neck itself is to get the governors out of the execution process. Trial judges should simply be tasked with carrying out the process since they convicted the person after hearing all the evidence. They legislator will simply need to stipulate a time frame when execution date needs to be settled like 90 days after convictions barring any appeals in between.

The constitution needs amended so prisons are on the concurrent list. It will save the federal government money and to reflect the federal nature of Nigeria. Most capital crimes are state laws and not federal. It does not make sense to have a state courts, prosecutors and laws then send someone to federal prison when the federal government had no case with the person in question. States are increasingly passing laws that are not federal crimes like banning alcohol and open grazing. They are demanding a police force but not their own prisons oddly enough. The responsibility and cost of enforcing all these regulations should be on jurisdictions passing them. Doing this will free up federal funds for priority criminals.

Since Nigeria operates under federalism, it should be decided by the states whether to continue capital punishment. A national consensus on the issue isn’t necessary unless it is the federal government which is shared. It should also be up to the states how to figure out how to deal prison congestion since most of the prisoners are there for charges brought by their state. In the future states can set a recommended bail schedule for judges to use their discretion on. Since most prisoners are awaiting trial inmates it seems the system is flawed when it comes to getting out on bail for most accused persons. Lastly judges should give inmates time served while in jail during trial. Currently national assembly will need to take steps on this matter since prisons are in the exclusive list. The legislatures and courts can take a few proactive steps reform the justice system to make it more just and efficient.

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I'd like to know how popular capital punishment is within Nigeria. I believe most arent in favor of abolishing it especially Muslims. It would say 55% in favor, 45% opposed and 5% no strong opinion. If you guys can at noipolls on Twitter and see if they will do a survey on it.

Today, the Federal Government claims that it is the State Government that will abolish the death penalty, and the State Governments are claiming it is a matter for Federal policy, since the death sentence is sanctioned in the Constitution (Onuoha Kalu v The State).

https://www.thisdaylive.com/index.php/2021/08/03/as-governor-aregbesola-didnt-sign-one-death-warrant/

Its weird people support governors being obstructionist to court process now. Signing death warrants is just another aspect of the job and its not like these people don't get their appeals. The same Ganduje is ready to execute blasphemers but not the murders, robbers and other ilk. Seems like contradictory position on how you feel state power should be used. This is one reason you don't see states abolishing capital punishment then waiting for the federal response to said actions.

Ps: Fun fact Aregbesola never signed a death warrant as governor.

Since Boko Haram and the Bandits are being giving Amnesty the Amnesty Program should be extended to the Nigerian Prison System and everyone with a Prison Sentence of 3 years or less for non Violent Crimes should be set free on Probation

That will decongest the Prisons

christistruth01:
Since Boko Haram and the Bandits are being giving Amnesty the Amnesty Program should be extended to the Nigerian Prison System and everyone with a Prison Sentence of less than 3 years for non Violent Crimes should be set free on Probation

That will decongest the Prisons

Nigeria doesn't have parole option so that will need to be created. Society should not coddle criminals that's why you see crime jumping exponentially. Instead punish everyone fairly. What non violent crimes get you 3 or less besides fraud, theft, and drug dealing? Lastly most of the inmates are awaiting trial so they haven't been sentenced yet.

Prison should be under the concurrent list

Blue3k:


Nigeria doesn't have perole option so that will need to be created. Society should not coddle criminals that's why you see crime jumping exponentially. Instead punish everyone fairly. What non violent crimes get you 3 or less besides fraud, theft, and drug dealing? Lastly most of the inmates are awaiting trial so they haven't been sentenced yet.

Any Awaiting Trial detainees should be Automatically released after 2 years Maximum detention if they are not yet sentenced except in Violent Crimes that should be left to the Judges discretion so that the Prisoner is not a threat to Society

If Crimes were Truly punished in Nigeria the Senate wouldn’t be full of Rogues and Legislative Bandits who are Nigeria’s biggest employers of Criminal Thugs and they Arm them with Weapons too

Christistruth00:


Any. Awaiting Trial detainees should be Automatically released after 2 years Maximum detention if they are not yet sentenced except in Violent Crimes that should be left to the Judges discretion so that the Prisoner is not a threat to Society

Certain people shouldn't be released back into the public because they're a danger to society, flight risk or repeat offenders. Things like this have to be done by a case by case basis. The main issue is the fact getting out judicial bail conditions are set too high. That's why I suggested simple bail schedules for offense. No need for crazy surety conditions. At most you might need a bail bondsman who charges 10% with a fee on top. (Which would need to be created and licensed by state)

DubaiLandLord1:
Prison should be under the concurrent list

If the FG were smart they would do that. Most people are arrested and prosecuted by their states. Make them bare the cost.

The federal government should deduct those cost from the allocations those states since these altruistic governors are intentionally delaying justice and causing prison congestion. The best way to eliminate the bottle neck itself is to get the governors out of the execution process. Trial judges should simply be tasked with carrying out the process since they convicted the person after hearing all the evidence.

Aregbesola's request to execute prisoners fall on deaf ears because there's no consequences to ignoring them. I think the FG could easily win this case in court. Maybe this might speed up demands for each jurisdiction to house house their own prisoners.

Blue3k:
There’s a pressing need for criminal justice reform in Nigeria due to unaccountable executives, idle legislators, and faulty constitutional structures. The society must figure out if they believe the state should be trusted with the power to executive people. If the answer is yes, the process should be improved and governors delaying justice should not be tolerated. If the answer is no, reforms should be made to reflect that reality. There is a backlog in executions which increases prison congestion and unnecessary cost foisted on the federal government who must house and feed these inmates due to constitution constraints. State and federal legislators do have the option of solving these by simply removing redundancies or by eliminating the death penalty all together. The cost of housing prisoners should be left to the jurisdiction prosecuting the person hence the constitution should be amended moving prison out of the exclusive list.

Executions are currently being bottled necked by state governors who refuse to carry out the court’s judgements due to fears of wrongful convictions and suspicion of the court process as stated by Governor Ganduje. If they believed their own rhetoric on the subject, they would opt to commute the sentences or request their state’s assembly to abolish the capital punishment. The federal government should deduct those cost from the allocations those states since these altruistic governors are intentionally delaying justice and causing prison congestion. The best way to eliminate the bottle neck itself is to get the governors out of the execution process. Trial judges should simply be tasked with carrying out the process since they convicted the person after hearing all the evidence. They legislator will simply need to stipulate a time frame when execution date needs to be settled like 90 days after convictions barring any appeals in between.

The constitution needs amended so prisons are on the concurrent list. It will save the federal government money and to reflect the federal nature of Nigeria. Most capital crimes are state laws and not federal. It does not make sense to have a state courts, prosecutors and laws then send someone to federal prison when the federal government had no case with the person in question. States are increasingly passing laws that are not federal crimes like banning alcohol and open grazing. They are demanding a police force but not their own prisons oddly enough. The responsibility and cost of enforcing all these regulations should be on jurisdictions passing them. Doing this will free up federal funds for priority criminals.

Since Nigeria operates under federalism, it should be decided by the states whether to continue capital punishment. A national consensus on the issue isn’t necessary unless it is the federal government which is shared. It should also be up to the states how to figure out how to deal prison congestion since most of the prisoners are there for charges brought by their state. In the future states can set a recommended bail schedule for judges to use their discretion on. Since most prisoners are awaiting trial inmates it seems the system is flawed when it comes to getting out on bail for most accused persons. Lastly judges should give inmates time served while in jail during trial. Currently national assembly will need to take steps on this matter since prisons are in the exclusive list. The legislatures and courts can take a few proactive steps reform the justice system to make it more just and efficient.

Front page: Lalasticlala Mynd44

What reallly crowds the prisons are those awaiting trial and not those on death row. Death row numbers are insignicants in number.

I take the sides of the governor's concerning the death penalty. Many have been wrongfully sentence to death due to horrible police work where suspects are tortured till they confess to a crime they know nothing. . It just shows that the governors, even the incredibly corrupt have feelings in their veins.

grandstar:


What reallly crowds the prisons are those awaiting trial and not those on death row. Death row numbers are insignicants in number.

I take the sides of the governor's concerning the death penalty. Many have been wrongfully sentence to death due to horrible police work where suspects are tortured till they confess to a crime they know nothing. . It just shows that the governors, even the incredibly corrupt have feelings in their veins.

I addressed the awaiting trial inmate issue. The solution to that issue is making bail easier to obtain with simple bail schedules, give time served and moving prisons to the concurrent list shifting burden on states.

You and the governors both make useless arguments to justify delaying justice. This is why I ask do you trust the system and what limits should the state have. If you truly have feeling in your veins why not eliminate the death penalty altogether or simply commute their sentences to life in prison. All this rhetoric about the justice system being unfair but not making any reforms is nonsensical.

Grandstart do you believe in the death penalty? Do you understand these inmates have appeals?

Blue3k:
The society must figure out if they believe the state should be trusted with the power to executive people. If the answer is yes, the process should be improved and governors delaying justice should not be tolerated. If the answer is no, reforms should be made to reflect that reality.

If they believed their own rhetoric on the subject, they would opt to commute the sentences or request their state’s assembly to abolish the capital punishment. The federal government should deduct those cost from the allocations those states since these altruistic governors are intentionally delaying justice and causing prison congestion.

The court long process of prosecution is what is causing all this backlogs and over stay of inmates.

The cells/prisons themselves are congested which seriously need to be decongested

This is one of the discussions we Nigerians should be having, instead of all this petty/gossiping stories, Kyari this Pantami that.

helinues:
The court long process of prosecution is what is causing all this backlogs and over stay of inmates.

The court process will always be long. The best you can do is hire more judges. There's not many if you compare any state to Texas for example. Theres 3157 judges all together in Texas as of 2016. I dont know if any state has that many on payroll. If there were they would need to adjourn every five minutes and would have a more manageable workload.

The Minister of State, Federal Ministry of Mines and Steel Development, Uchechukwu Sampson Ogah, on Tuesday, in Abuja insisted that capital punishment against illegal miners is the potent way of stopping fleecing of nation’s resources in the mining and solid minerals sector.

Nigerian politicians are hilariously stupid everything should be a capital crime to them except corruption. Even of they did make it a capital crime nobody will be executed since the governors dont do their jobs. Lol people foolishly defend them without asking why dont they take the next logical step by banning capital punishments, commuting sentences, or some other reforms.