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The Death Penalty - Nigeria and Iran

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I. Introduction Every country has its set of issues that constantly spur arguments and conflicts among its citizens. Currently, a common problem that exists in a number of regions is the death penalty, as it remains a critical dilemma in the international scope. Both Nigeria and Iran are two countries that still carry out the death penalty as a consequence for certain crimes, promoting arguments that surround state control and the deterrence theory which is in essence crime control. Serious turmoil is caused between those opposing and supporting this method of capital punishment, as they concentrate their efforts in reaching an optimal solution, which for the time being appears to be far from reach. The following pages will aim to stress exactly how Nigeria and Iran differ in terms of approaching this extensive issue and how they go about in solving some of these overarching questions. II. Nigeria Today, fifty-eight countries still implement the death penalty in their justice system with Nigeria being one of them. In an article published on thinkafricapress.com by Leke Sanusi, it is stated that the number of people sentenced to death in Nigeria exceeds 650. Aside from the many statistics the article presents, its main focus highlights the idea of instability and lack of objectivity in Nigerias justice system. It mentions the 2010 death sentence of an actress accused of murdering her male companion. With the Supreme Courts verdict believed to be final, questions are raised over the legitimacy of the death sentence, the Nigerian judicial system, and the state of the nations prisons. Multiple organizations present their own opinions such as the Amnesty International, calling for a moratorium to be declared on all executions, with imprisonment instead being the main form of capital punishment. Of course when there are opposers there will be supporters as well: Proponents feel the death penalty removes criminals from society, providing a safer environment than long-term incarceration. They also believe that the death penalty discourages others from committing crimes, as one supporter of death sentencing argues: The death penalty is good for people who have killed because it will serve as a deterrent to other people. Mr. Yusuf Ali, Senior Advocate of Nigeria, claims capital punishment is a deterrent for thieves at least because nobody will want to steal and not be alive to enjoy the proceeds. While supporters emphasize this deterrence theory, abolitionist groups present serious problems such as innocent people and juveniles being executed, as well as this particular form of punishment being simply inhumane. The Civil Liberties Organization, Nigerias largest human rights group, claims, No form of punishment can be more inhumane than the death penalty. Furthermore Sanusi claims Nigerias judicial system is widely viewed as being riddled with flaws that can have devastating consequences. This is not just the opinion of one author as expert groups set up by former President Obasanjo in 2004 also acknowledge the justice systems inability to guarantee fair trials, therefore recommending a moratorium on executions as well. Another huge flaw are supposed confessions having power in solving crimes instead of investigations. It is important to note that most of these confessions are taken rather than given via torture and other horrendous methods. Sanusi finds this to be directly contradictory to Nigerian law: If a suspect confesses under pressure, torture, or threat, it cannot be used as evidence in court. In spite of this, judges continue to sentence suspects to death based on these confessions, which further enrages critics of the use of the death penalty in Nigeria. To make matters worse, nearly eighty percent of Nigerian prisoners claim they have been beaten, threatened with weapons, or tortured in cells. Some of the latter issues Sanusis article points out are the execution of juveniles as well as the wealthy having an upper hand. As of early 2008, forty juveniles were on death row in Nigeria with this contradicting not the constitution but more importantly international law which prohibits the execution of juveniles. As Sanusi concludes, he stresses the undeniable power from wealth, stating the poor face the greatest risk of being wrongfully sentenced to death. Chino Obiagwu of The Legal Defense and Assistance Project says it comes down to being able to afford to pay to keep yourself out of the system whether that means paying the police to adequately investigate your case, paying for a lawyer to defend you, or paying to have your name put on a list of those eligible for pardon. Aside from the death penalty creating turmoil in terms of civil rights and civil society, it arguably challenges notions from human rights. The right of man to life is the most fundamental of all human rights. This is the opening statement from an article published on TIG.org by Nigerian scholar and Amnesty International member Ch

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