Govs’ refusal to sign death warrant encouraging criminals – Ex-CJ

The former Chief Judge of the Federal Capital Territory High Court, Abuja, Hon. Justice Ishaq Bello, has called on Nigerian state governors to sign death warrants for inmates convicted of capital offences who have exhausted all avenues of legal appeal.

Justice Bello made this call during his address at the Nigeria Human Rights Conference, held on Friday in Enugu, Enugu State, under the theme: “The Right to Development, Rule of Law and Nigerian Dream.”

According to the retired jurist, the continued reluctance of governors to fulfill this constitutional responsibility is fuelling the rise in criminality and undermining the effectiveness of the Nigerian justice system.

“If you are a judge, a case comes before you; you hear it and fairly decide. If your decision is in a civil matter, you will do the needful as the law requires of you.
But if it is criminal, and you’ve made a conviction — and there’s any role for any governor — let him perform it,” Justice Bello asserted.

‘Refusal to Act is Encouragement for Criminals’

Justice Bello stressed that the failure of governors to sign execution orders for condemned inmates is emboldening criminals and weakening deterrence.

“By refusing to fulfill their constitutional obligations as required by the law, they indirectly encourage the criminals in their atrocities,” he said.

Drawing on his tenure as Chairman of the Presidential Committee on Prison Reforms and Decongestion, Bello revealed that a large number of inmates on death row remain in prison solely due to governors’ hesitancy in signing death warrants.

Death Warrants as a Tool for Decongestion

Justice Bello argued that enforcing capital punishment in accordance with judicial decisions is an integral part of the criminal justice process, particularly as a means of reducing congestion in the nation’s correctional facilities.

He acknowledged, however, that many governors’ reluctance may be rooted in misunderstanding their constitutional role or misinterpreting humanitarian concerns.

“Some governors have expressed humanitarian concerns, while others cite complexities in the legal system as reasons for not signing death warrants,” he noted.

‘Stop Comparing Us with the West’

The former Chief Judge also took aim at those who draw parallels between Nigeria’s justice system and those in Western nations such as the United States and the United Kingdom, cautioning that such comparisons are misplaced due to fundamental disparities in infrastructure, investment, and institutional capacity.

“What investment is done in the judiciary, in the police, among others? Wherever there is responsibility, there’s need for funding,” he emphasized.

Justice Bello reiterated that the rule of law must be upheld in full, including the final enforcement of lawful sentences, if Nigeria is to combat crime and uphold justice meaningfully.