QUEST FOR THE FUNDAMENTAL RIGHTS OF A CONVICT IN CRIMINAL CAUSES INVOLVING DEATH PENALTY IN NIGERIA

Abstract

Laws are no doubt backed by sanctions, therefore, any breach of the law attract penalties. In criminal causes convicted and sentenced criminals are made to suffer for the crime they committed. Death penalty is prescribed for capital offences such as murder, armed robbery, terrorism, kidnapping among others. There have been raging arguments across the globe for and against the imposition of death penalty. The protagonists of death penalty posit that there is the need for retribution for a crime committed and that the death penalty deters and prevents other criminals from committing crimes and as such death penalty should be abrogated. On the other hand, the antagonists are of the utmost opinion that death penalty should be abolished sequel to the fact that it is against the right to life; it is inhuman and immoral to kill intentionally; it is demeaning and has not in any way deterred or prevented crimes. The doctrinal research methodology was adopted in this work, and the findings revealed that the arguments canvassed by both the protagonists and the antagonists of death penalty are germane. The authors concluded however, that having regards to the raging confrontations and contestations, it has become pertinent that death penalty should be abrogated and replaced with life imprisonment. The paper therefore maintained that a moratorium be made on death penalty in order to temporarily suspend its implementation for a period of four years in every country where death penalty is practiced before it is finally abolished.https://kblsp.org.ng