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16 Issues Legal Scholarship 1 (2018)

handle is hein.journals/iulesch16 and id is 1 raw text is: Onyeltachi W. Duru, Ndubuisi A. Nwafor* and Chioma 0. Nwabachili Thou Shall Not Kill: The Constitutionality of Death Penalty Under Nigerian Legal System DOI 10.1515/ils-2017-0003 Received February 5, 2017; accepted March 23, 2017; previously published online April 22, 2017 Abstract: Two wrongs cannot make a right; there is hardly any justification for the continual use of capital punishment (death) as a form of punishment in Nigeria. This paper will canvass that, even though death penalty is a constitutionally per- missible form of punishment in Nigeria, but it goes against the recent positive and developmental strides in the areas of civilization, criminology and human right. The paper leans in favor of the abolitionist perspective by arguing that life impris- onment is as effective as the death penalty as a means of deterrence. Keywords: criminology; death sentence; justice; fundamental human right; constitutionality. Introduction The desirability or otherwise of the death penalty in Nigeria has provoked intrac- table debates in the field of law, criminology, sociology, politics and religion. However, this essay will be streamlined to bring into focus, the constitutional status of death penalty in Nigeria and the need for reformation. The paper submits that, the death sentence is not only contrary to the constitutional protection and preservation of the right to life; but also, a stark negation of the purport of the pro- 1 For an excellent essay primarily based on the avoidable consequence of the death penalty; see A. 0. Adekunle, Human Rights on Death Row (1985) Nig. Current L. Rev. 138. *Corresponding author: Ndubuisi A. Nwafor, LLB, BL, LLM, PhD, Lecturer, Property Law Depart- ment, University of Nigeria, Enugu Campus, Enugu, Enugu, Nigeria, Phone: +2348162371113, e-mail: ndubuisi.nwafor@unn.edu.ng Onyekachi W. Duru: National Open University of Nigeria, Uyo, Akwa Ibom, Nigeria; and Legal Emperors, Uyo, Nigeria Chioma 0. Nwabachili: Faculty of Law, University of Nigeria Enugu Campus, Enugu, Enugu, Nigeria DE GRUYTER Issues Leg. Scholarsh. 2018; 20170003

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