Ex-CJ urges govs to sign death warrants

A former Chief Judge of the Federal Capital Territory (FCT) High Court, Abuja, Justice Ishaq Usman Bello, has urged governors to fulfil their constitutional duty by signing death warrants for inmates who have exhausted all legal appeals up to the Supreme Court.

Speaking at the Nigeria Human Rights Conference held in Enugu, with the theme: “The Right to Development, Rule of Law and the Nigerian Dream,” Justice Bello warned that the failure of governors to act on death sentences is inadvertently encouraging criminal activities.

He said: “Governors’ refusal to sign death warrants after due legal process is contributing to the rise in capital and violent crimes.

“The people are watching, and when justice is not fully served, it emboldens wrongdoers.”

Delivering a paper titled “Administration of Criminal Justice Act 2015: The Impact on Access to Justice and Fundamental Human Rights in Nigeria,” the former CJ criticised the practice of commuting death sentences to life imprisonment after 10 years.

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He argued that such leniency weakens deterrence and undermines the justice system.

“If you are a judge and a case is brought before you, you hear it and decide fairly. If it is a civil matter, you do what the law requires.

“If it is criminal, and the sentence is death, then governors must also do their part,” he said.

Justice Bello, who previously chaired the Presidential Committee on Prisons Reforms and Decongestion, recounted his encounters with numerous death-row inmates whose cases remained in limbo due to governors’ inaction.

“By refusing to carry out their constitutional responsibilities, governors indirectly encourage criminality,” he stressed.

He attributed their reluctance not to flaws in the law but to a lack of understanding of their constitutional obligations. While some cite humanitarian concerns, others blame the complexity of the legal process.

The jurist also criticised frequent comparisons between Nigeria’s justice system and those of developed countries like the UK and the US, pointing out that such systems are backed by substantial investments in the judiciary, law enforcement, and infrastructure.

He said that for there to be an efficient justice system, all those involved in justice delivery must work together to achieve that purpose.

“What level of investment is made in our judiciary, in the police, and other related institutions? Where there’s responsibility, there must be adequate funding,” he noted.

Justice Bello commended the domestication of the Administration of Criminal Justice Act (ACJA) across states, describing it as a positive step toward safeguarding the rights of suspects and reducing incidences of torture and abuse.

He emphasised the need to curb unlawful detentions, especially arresting suspects before investigations are concluded.

“When a security agency seeks to detain a suspect, there must be justification.

“If they return to court to seek an extension, the court must assess the necessity and protect the suspect’s rights,” he said.

According to him, the ACJA has introduced crucial reforms, bringing more uniformity to criminal justice procedures across the country.

“Incarceration is a legal consequence for wrongdoing, but the process must be humane.

“An inmate must not be detained beyond the period the law prescribes for the crime committed. During my tenure, I ordered the release of several awaiting trial inmates who had been held longer than the maximum sentence for their alleged offences.”