COMPARATIVE ANALYSIS OF DEATH PENALTY LAWS IN NIGERIA, CHINA AND UGANDA

Abstract

Conditions of correctional centers in Nigeria has over the years been of concern to relevant 
stakeholders. It is particularly demeaning for inmates on death row not only because of the poor 
custodial conditions, but also because of the self-imposed moratorium regime which makes 
execution very rare. Adopting the desk top research methodology, this paper attempts a 
comparative examination of   the legal provisions and practice of the death penalty in Nigeria and 
China, an active death penalty country as well as Uganda with its judicial pronouncements on the 
application of the sentence. The paper highlights the constitutionality of the death penalty in the 
three countries, and examines the distinct features in the application of the laws. 
Nigeria amended its laws to move away from a punitive and retributive position to correction. It 
provides for the commutation of a death penalty after the inmate must have exhausted all his legal 
opportunities for reprieve after ten years. This is a far cry from Uganda that recommends a three
year period, considers the mandatory death penalty unconstitutional and is tilting more towards 
becoming an abolitionist country. Although China remains an active retentionist country, its law 
and practice remains unique in the practice of the suspended death sentence. 
The paper recommends that Nigeria reviews its laws and practice in line with other jurisdictions 
to achieve the observance of the rights of inmates on death row. It should also consider alternatives 
such as life imprisonment without the option of parole, life imprisonment not being the remainder 
of the life of the offender. While it is yet being practiced, death penalty should not be mandatory 
and correctional officers should be trained and retrained on international best practices in the 
treatment of inmates on death row. The self-imposed moratorium regime should be reconsidered 
considering that the death row phenomenon is in itself a breach of the fundamental rights of 
inmates on death row.