Constitution Review: Deputy Speaker, Kalu seeks reforms of death penalty

By Christiana Ekpa

The Deputy Speaker of the House of Representatives, Rt. Hon. Benjamin Okezie Kalu has advocated for the reform of the practice of death penalty in Nigeria, calling for collaboration and engagement of all the stakeholders.

Kalu made the call when he received a delegation from Death Penalty in Project led by officials of the British High Commission who paid him a courtesy visit in his office in Abuja on Thursday.

Addressing the delegation, the Deputy Speaker noted that Death penalty in Nigeria has been a contentious topic, drawing opinions from various sectors of society.

He also noted that there is a growing trend toward the abolition of the death penalty, with over 130 countries having abolished it in law or practice.

He said that overtime, laws in the country have taken into cognizance, the temperature of the environment and the current legal framework allows for capital punishment for offenses such as murder, armed robbery, and treason.

Kalu made reference to current statistics of death row inmates in the country and all over the world, saying that the figure underscores the pressing need for reform in the criminal justice system.

He disclosed that the Constitution Review Committee which he chairs has thoroughly examined the implications of the death penalty, considering not only the moral and ethical dimensions but also its practical effects on society.

To this end, he said that there is now a proposed bill to alter the Constitution of the Federal Republic, 1999 (as amended).

Kalu said, “The Constitution Review Committee has thoroughly examined the implications of the death penalty, considering not only the moral and ethical dimensions but also its practical effects on society.There is now a proposed bill to alter the Constitution of the Federal Republic, 1999 (as amended). The bill aims to amend Section 33 (1) of our Constitution by deleting the second part of the subsection which legitimizes the deprivation of life by the State and enshrines and retains the early part of the subsection which provides as follows:“Every person has a right to life, and no one shall be deprived intentionally of his life”.  The amendment will effectively delete the second part of the subsection that states “…save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty”.This amendment which I am sponsoring will align with international best practices. Internationally, there is a growing trend toward the abolition of the death penalty, with over 130 countries having abolished it in law or practice. This shift reflects a global understanding that justice must incorporate rehabilitation and restorative practices rather than solely punitive measures. In November 2024, the UN General Assembly’s Third Committee approved a resolution for a global moratorium on executions, aiming for full abolition, which was adopted on December 17, 2024, marking the tenth resolution since 2007 advocating for a moratorium, with support increasing from 104 states in 2007 to 130 in 2024, while opposition has declined. Notably, Nigeria abstained from the recent vote among 22 abstaining states. This trend indicates a strong movement towards the universal abolition of the death penalty. Within the African Union, 48 of 55 countries are now abolitionist in law or practice, with only Egypt and Somalia carrying out executions in 2023.

“The African continent is advancing towards the abolition of the death penalty more rapidly than any other region, with six countries having eliminated the death penalty for all crimes or for ordinary crimes in just the past four years (since July 2021).

We are willing to collaborate with you and have further engagements as we know that aligning our laws with international best practices enhances Nigeria’s reputation on the global stage. We are positive that our willingness to engage further on this discussion will send a clear message that we are committed to upholding human rights and ensuring that our criminal justice system reflects fairness and proportionality.”

The Deputy Speaker however noted that as further discussions are held the goal is not to diminish the seriousness of capital offenses but to create a justice system that is equitable, effective, and respectful of human rights.

“We owe it to our citizens to ensure that their rights are protected and that our laws reflect the highest standards of justice. I urge you all to support us as we take significant steps towards reforming our criminal justice system towards creating a Nigeria that embodies fairness, respect for human rights, and a commitment to justice for all,” Kalu said

Earlier, the leader of the Delegation Saul LeurFeund, Co-founder and Co-Executive Director of the Death Penalty Project, told the Deputy Speaker that they visited to seek the parliament’s collaboration on potential abolishment of death penalty in Nigeria.