LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Right to Life – Death Penalty – Constitutionality under a Qualified Right to Life
PRINCIPLE STATEMENT
There is nothing in the 1979 Constitution that renders the death penalty under Section 319(1) of the Criminal Code of Lagos State unconstitutional. Sections 30(1), 213(2)(d), and 220(1)(e) of the Constitution recognise the death penalty.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Kalu v. State (1998) NLC-241996(SC) at pp. 49–50; Paras A–B.
"The conclusion I therefore reach is that there is nothing in the Constitution of the Federal Republic of Nigeria, 1979 that renders the death penalty under Section 319(1) of the Criminal Code of Lagos State unconstitutional. On the contrary, there are sections of the Constitution, such as sections 30(1), 213(2)(d) and 220(1)(e) which, in no mistaken terms, recognise the death penalty."
EXPLANATION / SCOPE
The death penalty is constitutional under the 1979 Constitution. The Constitution expressly recognises it. The principle applies to capital offences. The court will not declare the death penalty unconstitutional. The rule respects constitutional provisions. The condemned prisoner may seek clemency. The principle is settled law.
