Why not scrap the death penalty?

Much of Africa continues to allow the death penalty to exist within their judiciary system; the death penalty is now an archaic tool of issuing out justice. In fact, by some estimates some two-thirds of the countries in the world have now abolished the death penalty in law or practice. In Africa, there is a perception that if the option to use the death penalty in meting out justice continues, it would act as a deterrent to heinous crimes. But studies do indicate that the death penalty has not prevented an increase in the number of murders as such nations which practice the death penalty actually continue to have high numbers of violent crimes.

In addition, the independence of the justice systems in many nations is often shrouded with speculations and accusations of political intrigue. This coupled with the weak capacity of courts unable to handle the huge demands from piling court cases do cast shadows whether including the death penalty in nations where courts are overstretched to the limit is a bright idea. Unless defendants are afforded proper defense counsels that are competent in capital murder cases we stand to allow miscarriages in justice. In fact, we should look for alternative means of punishing criminals that would not embolden them but also allow them to carry the full burden of their crimes as well as act as a lesson to others. The view here is that justice can be humane as well. We often hear of Africans abroad being subjected to the death penalty for offences that might not have deserved the punishment; often the case is that they did not get sufficient legal defense or were condemned even before court decisions. How many of us have denounced the flogging or beheading of our citizens in foreign nations for charges that were questionable or laws that we do not accept? How many of us have sat down and watched our bureaucrats and missions abroad become helpless to come to the aid of our compatriots?
Besides justice systems outside Africa, we can jog our memories in regards to the case of Amina Lawal in 2002 where she was sentenced to death by stoning for adultery by an Islamic court in Nigeria. This young woman, who gave birth to a child when she was divorced, admitted having a liaison for a period of eleven months. The birth of the child was sufficient to prove Amina Lawal’s guilt. On the other hand, her alleged lover was acquitted for lack of evidence. Amina Lawal made a first appeal in April 2002, alleging a technicality. The Bakori court upheld the sentence. Amina Lawal and her lawyers appealed a second time to the Katsina Court of Appeal. On 25 September 2003, this Court of Appeal acquitted Amina Lawal. Amina’s case is a classic case where the scales of justice swayed towards bigotry. No doubt, Amina’s case is not a rarity; appreciation should be given to those who have made us know of the matter. Very few doubt that similar obnoxious cases have gone unreported and innocents were condemned to the gallows.

Anyone who doubted the inhumanity of capital punishment need only have watch an execution to come to terms with the fact that the idea that the death penalty is not a reasonable way to deal with even the most heinous crimes. For one, much of Africa does not practice it even if it is present in their penal codes. The debate when it comes to the death penalty should be it offers little by way of redemption or rehabilitation. We should all debate the issue of scraping the death penalty and help restore credibility in our justice system!!!

August 10, 2007