Four death row prisoners, Chima Ejiofor, Daniel Nsofor,
Osarenmwinda Aigbonkhan and Richard Igagu in Edo State, were, yesterday,
executed, despite their pending appeals at the Court of Appeal.
It will be recalled that President Goodluck Jonathan had recently
directed state governors to sign the execution warrant of death row
inmates, advising them not to shy away from same, as it was part of
their duties.
Vanguard gathered that the execution took place despite the
pendency of the suit by the condemned inmates, challenging their being
on death row for over 16 years. They had also asked that their
conviction be commuted to life imprisonment.
Meanwhile, Legal Defence and Assistance Project, LEDAP and Amnesty International, yesterday, condemned the execution.
Vanguard was informed that the execution was carried out at 6:45pm, yesterday, by hang men.
Edo State Attorney General and Commissioner for Justice, Mr Henry
Idahagbon, in his reaction, said the executed men were convicted 15
years ago, noting that the Edo State Government had nothing to do with
the execution.
He said: “These people were convicted 15 years ago. I was only
informed this (last) night by the prison authorities that they had been
hanged. One of them was convicted in Kaduna, while their matters had
gone up to the Supreme Court, and came back to the Federal High Court,
Benin. It really has nothing to do with us as a government.
“The governor only signed the death sentence of two, while previous
governors signed that of two others. The information I got was that they
went to the Federal High Court, which Monday refused their plea for
leniency and I believe what the prison authorities did was to execute
them immediately after they left the court.
“Edo State government has no hand in it. I was only informed that it had been done,” he added.
In the suit before the Federal High Court, the death row prisoners had
contended that to execute them after over 16 years of trauma,
suspense and imminent death would amount to cruel, inhuman and degrading
treatment.
They had asked the court to order the Edo State Governor to commute their death sentences to terms of imprisonment.
LEDAP, in a statement by its National Coordinator, Mr. Chino Obiagwu,
said: “The Attorney-General of Edo State and the prison authorities
were duly served with the court processes, comprising the notice of
appeal and motion for stay of execution.
“Under Nigerian laws, an appeal and application for stay of execution
should restrain further action until the appeal is determined.
“By executing the prisoners, Nigeria government has demonstrated
gross disregard to the rule of law and respect for the judicial
process.”
Amnesty’s reactions
Amnesty, in its statement, said: “We have received credible reports
that authorities in Edo State have hanged four men in Benin City Prison
on Monday (yesterday), the first known executions in the country since
2006.
“A fifth man remains at imminent risk of execution.”
Amnesty’s Deputy Director for Africa, Lucy Freeman, said: “If
confirmed, these executions mark a sudden, brutal return to the use of
the death penalty in Nigeria, a truly dark day for human rights in the
country.
“We again urge the Nigerian authorities to stop all executions
immediately and return to the moratorium on executions in the country.
LEDAP noted that “it had, with HURSDEF, on October 19, 2012, filed a
suit at the Federal High Court, Benin, on behalf of death row prisoners
earmarked for execution by Edo State Government.
“In the suit, the death row prisoners in the suit contended that to
execute them after over 16 years of trauma, suspense and imminent death
would amount to cruel, inhuman and degrading treatment.”
“The prisoners had asked the court to order the Edo State governor to commute their death sentences to terms of imprisonment.
“However, judgment was delivered against the inmates by Justice Liman
of the Federal High Court, holding among other grounds, that the
prisoners did not place sufficient facts before the court to
substantiate the relief sought in the suit.
The appeal
“LEDAP filed an appeal against the judgment of the Federal High Court
and also a motion for stay of execution pending the outcome of the
appeal and served the notice of appeal with the motion for stay of
execution on the Attorney General of Edo State and prison authorities in
Edo State.
“Furthermore, all death row prisoners filed a case pending at the
Court of Appeal Lagos, challenging the decision of state governors to
sign their execution warrants in the case of Godwin Pius & Ors vs.
Governor of Abia State & Ors.
“Both appeals are pending at the Court of Appeal and the Edo State
Governor and Comptroller General of Prisons are parties in both appeals.
LEDAP is representing the prisoners in both appeal and also a party to
the appeal in Edo State.
“We condemn the execution of the four inmates despite the pendency of
the appeal and motion for stay of execution filed by the inmates.
“Execution of the inmates, while their appeal is pending, is unlawful
and amounts to a total disregard for the rule of law and judicial
process in any democratic system.”
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