A COMPARATIVE LEGAL PERSPECTIVE ON CONSTITUTIONALITY OF THE DEATH PENALTY IN NIGERIA.

OBI-JOHNSON, EXCEL CHIDUMEBI (2026) A COMPARATIVE LEGAL PERSPECTIVE ON CONSTITUTIONALITY OF THE DEATH PENALTY IN NIGERIA. Other thesis, GODFREY OKOYE UNIVERSITY.

[img] Text
Obi-johnson Excel Project.pdf
Download (789kB)

Abstract

ABSTRACT This study examines the constitutionality, legal framework and application of the death penalty in Nigeria from a comparative legal perspective. Using a doctrinal research methodology, it analyses constitutional provisions, statutory enactments, judicial decisions, international human rights instruments and scholarly opinions on capital punishment. The study traces the historical development of the death penalty in Nigeria from the pre-colonial era through colonial administration to the present democratic dispensation, noting its continued constitutional recognition under section 33(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).The research further compares Nigeria’s retentionist approach with the position in selected African and non-African jurisdictions, including South Africa, Ghana, Rwanda, the United Kingdom, Canada, France and Germany, many of which have abolished capital punishment in favour of the protection of human dignity, the sanctity of life and rehabilitative justice. It evaluates the deterrence, retributive and abolitionist theories underlying capital punishment and assesses whether the death penalty effectively achieves its objectives of crime prevention and justice.The study finds that although the death penalty remains constitutional in Nigeria, its application is challenged by concerns relating to wrongful convictions, procedural deficiencies, prolonged death-row incarceration and increasing international pressure for compliance with human rights standards. It concludes that the global trend favours the abolition or restriction of capital punishment. Consequently, the study recommends comprehensive legal and policy reforms, including enhanced procedural safeguards, greater judicial discretion in sentencing, improved criminal justice administration and a gradual shift towards alternative punishments that uphold public safety while respecting fundamental human rights.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law, Arts and Social Sciences > School of Law
Depositing User: MABEL AMAECHI
Date Deposited: 24 Jul 2026 12:40
Last Modified: 24 Jul 2026 12:40
URI: http://eprints.gouni.edu.ng/id/eprint/5965

Actions (login required)

View Item View Item
GOUNI Repository is powered by EPrints 3 which is developed by the School of Electronics and Computer Science at the University of Southampton. More information and software credits.