Capital Punishment and Human Rights in Nigeria: A Constitutional and Comparative Analysis

This study analyses the constitutionality and human rights implications of capital punishment in Nigeria, examining its continued application in the context of Nigeria's obligations under international human rights law. Nigeria retains the death penalty for offences including murder, armed robbery, and treason under both the Criminal Code and the Penal Code, while death sentences for Sharia-related offences exist in several Northern states. The research employs a doctrinal and comparative methodology, analysing Nigerian constitutional provisions, decisions of the Supreme Court of Nigeria, and the country's periodic reports to the UN Human Rights Committee. Comparative insights are drawn from abolitionist jurisprudence in South Africa, Uganda, and Kenya. The study also examines the Second Optional Protocol to the International Covenant on Civil and Political Rights and arguments advanced by abolitionists within the international human rights system. Findings reveal that the Nigerian judiciary has largely upheld the constitutionality of capital punishment, while civil society campaigns and calls for a moratorium from the African Commission on Human and Peoples' Rights have gained limited political traction. The research critically engages with deterrence arguments, wrongful conviction risks, and racial and socioeconomic disparities in death sentencing. Recommendations include a legislative moratorium on executions and a national commission of inquiry into the fairness of capital trials. Keywords: capital punishment, death penalty, Nigeria, human rights, constitutional law.