A civil society group, the International Society for Civil Liberties & the Rule of Law (Intersociety, Nigeria), has raised an alarm over alleged moves by the Edo State Government in Nigeria’s South-South to execute eight condemned prisoner whom Intersociety believes should be granted amnesty.

In a petition dated April 18, Intersociety is pleading with the UK-based Amnesty International and the US-based Human Rights Watch to pile pressure on Edo State Governor Adams Oshiomhole and the prison authorities not to carry out the executions.

A copy of the petition signed by Intersociety Board Chairman Emeka Umeagbalasi and Head, Publicity Desk, Comrade Justus Ijeoma was made available to News Express by e-mail. Entitled “Amnesty for Eight Condemned Prisoners in Benin Nigeria: A Call For Urgent Action,” it says in full:

On 15^th day of April, 2013, our leadership got an urgent information from inside the Benin Prisons in Edo State, South-south, Nigeria that fresh plans are being made by the Prisons authorities, in collaboration with the Government of Edo State to execute some condemned prisons inmates at the Prisons Gallows located within its premises. In October 2012, similar plans by the Government of Edo State and the authorities of the Nigerian Prisons in the State to carry out the callous executions were thwarted by international pressures from leading internationally respected bodies including your respected organizations and the European Union Mission to Nigeria. Movement against judicial executions in Nigeria including the case under reference has also become a subject of litigation courtesy of the Nigeria’s Legal Defence & Assistance Project-LEDAP and other interested parties. The matter, principally filed on behalf of some death row inmates in Edo State, was filed before the Benin Division of the Federal High Court in October 2012 and is still pending in the Nigerian courts.

In spite of the litigious nature of the matter under reference in addition to existing moratoriums on death penalty in Nigeria (defacto) and the African Union, against judicial executions in the country, the political authorities in Edo State seem hell bent on carrying out such executions in secretly dangerous ways. As you may know, there are approximately 920 prisoners on death row in Nigeria, out of which, about 840 of them are presently in court, challenging the rationality behind their death warrants issued by substantive and adhoc judicial bodies in the country. This is more so when over 100 independent countries, out of the UN’s 193 member-States have ousted death penalty clauses from their municipal laws, while over half of the remaining countries, which are not parties to anti death penalty clauses have adopted moratoriums against it.

The latest alarm is stem from the servicing of the Prisons Gallows of the Benin Prisons and the padlock of a door leading to the Gallows on Monday, 15^th day of April, 2013. According to concerned inmates in the Prisons, once the Gallows and the said door are oiled and serviced, it means executions may most likely take place. The door to the Gallows from prisons cells, popularly called gate of hell in the Prisons is opened once in a long while when executions are to take place. It is a passage through which condemned prisoners are led to the Gallows at the point of their executions. According to a source, the door has been under lock and key for years until three days ago. Strange presence of some prisons warders around the Gallows in the midnight of 17^th day of April, 2013 was reported to us in the early morning of 18^th day of April, 2013. It is seriously suspected that the Governor of Edo State has signed the death warrant of some death row inmates including Daniel Nsofor and Osarenmwinda Aiguokhian. The latter were part of those death row inmates saved from planned execution in October 2012.

The following eight condemned prisoners from the Benin Prisons fear terribly that they may most likely be executed at any time from now. They are: 1. Agbonmware Omorogie, from Edo State-convicted since 1994 and exhausted his right of appeal at the Supreme Court of Nigeria (spent 19 years after conviction).2. Cyracius Ogidi, from Imo State-convicted for armed robbery by military tribunal since 1997(spent 16 years after conviction).3.ThanKGod Ebhos, from Kaduna State convicted for armed robbery by military tribunal since 1988(spent 25 years after conviction). 4. Chima Ejifor-arrested in Edo State on 29-11-1994 and convicted on 21-8-1998 at the age of 27(spent 15 years after conviction). His appeal has been exhausted at the Apex Court.

Others are: 5.Richard Igago, arrested in 1994 and convicted on 19-12-1995 by an Edo State High Court (spent 18 years after conviction). 6. Osarenmwinda Aiguokhian-arrested on 7-7-1993 and convicted for armed robbery by military tribunal on 18-1-1996(spent 17 years after conviction). 7. Daniel Nsofor-arrested in Edo State on 31-11-1992 and convicted on 19-6-1996(spent 17 years after conviction with his right of appeal exhausted at the Apex Court). 8. Apostle Igene, from Delta State-arrested on 9-5-1997 and convicted for armed robbery by military tribunal in 1998 at the age of 28 with no right of appeal (spent 15 years after conviction).

Under an aspect of the Nigerian law called the Prerogative of Mercy, the President of the country and the Governor of any of the 36 federating units called States as well as the Chief Justice of Nigeria and the Chief Judge of a State are empowered to commute the jail terms of convicted citizens ranging from death penalty, life jail to years-jail. They are also carnally arrogated with the powers of go home and sin or offend no more. Sadly, this important power is not equitably and socially exercised in Nigeria. They are exercised under politically motivated and ill-conceived influences. At times, the exercise is pegged for the highest bidders or those that have long legs.

Our writing your respected international organizations is in recognition of immense roles you successfully played around the globe with respect to movement against death penalty. That major leading regional and international social groupings like the Organization of American States, the European Union, the African Union and the United Nations now play ceaselessly the flutes of say no to death penalty, which has caught the municipal attentions of over 100 territorial sovereign entities, is expressly linked to sustained advocacies carried out by your respected organizations with other interested parties.

Though death penalty is globally condemned because it is cruel, degrading and inhuman, but the most cruel, degrading and inhuman is pretrial killings. Death penalty victims are processed criminals, though some may have been wrongly convicted, but victims of pretrial killings are unprocessed suspects merely accused of offending the law whether felony, misdemeanor or simple offences; who in the eyes of the law are not criminals because they have not been fully processed by way of criminal arrest, investigation, prosecution, fair trial, conviction and sentencing. In Nigeria, thousands of citizens are killed annually before trial in circumstances not even connected to the so called self defense, custody escape and arrest resistance, under which the country’s law enforcement agencies including the Nigeria Police Force hide to kill Nigerians in droves with impunity. The three universally outlawed killing circumstances are code-named Order 237 of the Nigeria Police Force contained in the NPF Act and defenses to rights to life and dignity of human person contained in the 1999 Constitution of the Federal Republic of Nigeria.

We call upon your respected organizations to use your wide global influences to secure an amnesty for the nine Nigerian death row inmates under reference as a matter of extreme urgency and stop the country both at Federal and State levels to stop further judicial execution of those citizens under death row in the country. The Nigerian authorities should also be pressurized to adopt a substantive moratorium against judicial executions, from which she will be made to enter an anti death penalty club. The country should be encouraged to diversify her sentencing and penalty system to accommodate community service, prison labour, prison industry, parole, fines, prison sporting and social development, etc. The Nigerian Prisons System should also be put in the concurrent legislative list to enable various States to participate so as to ensure its effective and efficient management. It is also our call upon your respected organizations to initiate a new wave of international advocacy against pretrial killings by law enforcement organs of many member-States of the UN particularly in Africa. Effective legal mechanisms should be put in place internationally, regionally, sub-regionally and nationally to bring to book those law enforcement and other security personnel found involved in pretrial killings. Strong global movements against the globally abhorred acts should be formed and sustained.

•Photo shows Edo State Governor Adams Oshiomhole.

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