RETHINKING THE JURISPRUDENCE OF RETRIBUTION IN CAPITAL PUNISHMENT IN NIGERIA

Abstract

The raging debate on the propriety of capital punishment in light of the growing support for the preservation and protection of human rights across the world prompted this work. The paper examines the concept of capital punishment, considering various theories of punishment and their justification. The legal frameworks that provide for the existence of capital punishment under Nigerian criminal law were explored. The paper further examines constitutional and human rights issues related to capital punishment, including provisions on the right to life and human dignity under the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Universal Declaration of Human Rights, the African Charter on Human and People’s Rights, and other international instruments. A comparative insight was drawn from countries like the UK and South Africa, which have abolished capital punishment. A critical analysis of the jurisprudence of retribution, as one of the justifications for capital punishment, was also considered. It was found that retributive theories of capital punishment have failed to resolve the problem of crime. Secondly, crime is a product of environmental factors, and it is the responsibility of the state to create an environment free of crime. The paperposits that capital punishment is a derogation from the right to life and human dignity, as the state is not the author of human life and therefore has no justification to take it. The following recommendations have been proffered.Nigeria should amend its Constitution to make the provisions of Chapter II justiciable, thus enabling the state to fulfil its responsibilities in providing welfare to its citizens, which could significantly address the issue of crime;the right to life should be made unqualified under the Nigerian Constitution, as is the case in the UK and South Africa and offenders should serve their sentences while alive and should make restitution to the families of their victims. The paper employed a doctrinal research method, consulting textbooks, articles, statutes, and other relevant materials for this work.