CHAPTER ONE
GENERAL INTRODUCTION
1.1 GENERAL INTRODUCTION
Section 402 (2) of the Administration of Criminal Justice Act 20152 reads as follows; “the Sentence of the court upon is that you be hanged by the neck until you are dead or by lethal injection.”similarly Section 273 of the Criminal Procedure Code and Section 367 of the Criminal Procedure Act3 have provided for the Death Penalty for capital offences.4 The Nigerian Constitution in Section 33 (1) provides,5 “every person has the right to life, and no person shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of criminal offences of which he has been found guilty in Nigeria” by implication the Nigerian Construction do recognizes the application of death penalty and where the offence is proved beyond reasonable doubt as required by the evidence Act, the courts have only two options, either to impose the Death Penalty or life sentence 6 In many State Judiciaries in Nigeria, death sentences passed on convicts over the years have not been carried out, many convicts are still in prisons waiting for the hang man to knock on their cells and if this is the case, what is the essence of passing a sentence that cannot be executed, thus raising the issue of efficacy of maintaining the Death Penalty in our laws? Recently, the application of the Death Penalty in the world has generated a lot of debate, especially at the international level. The proponents and opponents of its application have made the topic very interesting in the sense that up to date, this debate has not been laid to rest.
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