LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Fundamental Right to Life – Death Penalty Is Constitutionally Valid
PRINCIPLE STATEMENT
The death penalty and its method of execution is lawful and valid as sanctioned by sections 30(1) and 31(1)(a) of the 1979 Constitution.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Okoro v. The State (1998) NLC-1351997(SC) at p. 28; Paras B–C.
"The death penalty and its method of execution is lawful and valid as same is sanctioned by both sections 30(1) and 31(1)(a) of the Constitution of Nigeria, 1979."
EXPLANATION / SCOPE
The death penalty is constitutional. Sections 30(1) and 31(1)(a) of the 1979 Constitution expressly sanction it. The principle applies to capital offences. The court will not declare the death penalty unconstitutional. The rule has been affirmed by the Supreme Court. The method of execution prescribed by law is valid. The condemned prisoner may seek clemency. The principle does not apply where the death penalty is abolished. The court will enforce the law as written. The rule respects constitutional provisions.
